There was marijuana in the car. Marshall was a passenger in the car. He knew the narcotics were in the car but did not touch or use them.
Was Marshall in joint possession? What is necessary to meet the requirements of possession in s.4(3) of the Criminal Code (Canada)?
In determining possession, per s.4(3) of the Criminal Code, there must be evidence of consent to prove the unlawful act.
Decision in favour of Marshall
There are three types of possession defined in s 4(3):
2. Constructive (e.g. illegal material in a locker; control over something); or
3. Joint (possession with someone else).
To be in possession, requires:
1. Knowledge of the criminality associated with the item;
2. Consent (per Marshall v R (1969)); and
3. Control (per R v Terrence (1983)).