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RATIO

Marshall had no power to control the persons possessing the marijuana.  He was not the owner of the car.  Passing the pipe was almost a reflex action.

R. v. Terrence [1983] 1 S.C.R. 357

FACTS

The accused was deemed in “possession” of a stolen vehicle when he accepted a ride from the person who had stolen it.

ISSUE

What is the true meaning of possession?  Is control an essential element of possession in s. 3(4)(b) of the Criminal Code?

HELD

Yes. Crown’s appeal dismissed.

RATIO

A constituent and essential element of possession under s. 3(4)(b) is a measure of control by the person deemed to be in possession by that provision.

Re Chambers and the Queen [1985] 3 C.C.C. 149 (Alta. C.A.)

FACTS

Chambers’s boyfriend Cardenas was staying with her and had cocaine in his possession, which he kept in the house.  Police had a search warrant and busted both parties.  Gray J. quashed Chambers’s committal for trial on the ground that there was no evidence that Chambers possessed the cocaine.  The Crown appealed this decision pursuant to s. 719 of the Criminal Code.

ISSUE

Could the evidence commit Chambers for trial?

HELD

Yes. Crown’s appeal allowed.

RATIO

Although the evidence may or may not be enough to convict Chambers, it is enough to have her stand trial and allow a properly instructed jury to determine whether Chambers possessed the cocaine under s. 3(4)(b).

R. v. Jobidon [1991] 2 S.C.R. 714

FACTS

Jobidon got into a consensual fight with the victim outside a bar. This was a fight in which, the judge found, although there was intent to cause physical injury, there was no intent to kill or cause serious bodily harm.  Jobidon’s first punch rendered the victim unconscious and after a subsequent flurry of punches, the victim lay limp and later died of contusions to the head.  The trial judge acquitted; the appeal court overruled this and convicted Jobidon of manslaughter. The accused appealed.

ISSUE

Can a person consent to a fight in private or public if actual bodily harm is intended and/or caused?

HELD

Yes, however appeal dismissed and conviction upheld.

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