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Marshall v R, [1969] 3 CCC 149 (Alta CA)

Facts:

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.

Issue(s):

Was Marshall in joint possession? What is necessary to meet the requirements of possession in s.4(3) of the Criminal Code (Canada)?

Ratio:

In determining possession, per s.4(3) of the Criminal Code, there must be evidence of consent to prove the unlawful act.

Holding:

Decision in favour of Marshall

Comments:

There are three types of possession defined in s 4(3):
1. Personal;
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)).


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