Terrence goes for ride with another person in their stolen car. Terrence is in the passenger seat, while the other person drives. There was no evidence to Terrence that it had been stolen.
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 control to prove the unlawful act.
Terrence was not driving. He therefore did not meet the requirement of control.
Decision in favour of Terrence.
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)).