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R v Pham (2005), 77 OR (3d) 401. (Link)

Facts:

Pham was not present in her apartment, when the police entered and found cocaine. There was no evidence of actual possession, since Pham was not home.

Issue(s):

Does possession under s.4(3) of the Criminal Code require actual possession?

Ratio:

In the case of s.4(3) of the Criminal Code, actual possession is not required -- inferred knowledge can lead to a finding of constructive possession.

Analysis:

Facts were sufficient to infer knowledge of the drugs: Drugs were found around her own toiletries and her bedroom; Drugs were in plain view; No evidence of men’s toiletries.

Holding:

Decision in favour of Crown (R).


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