Canadian Law - Criminal Law Mock Trial Case Report R. V.

Wai Report by: Aaron Lau

CASE REPORT (CRIMINAL)

Case Name R. V. Wai
(In most cases involving youth under the age of 18, criminal proceedings are usually referred to by the initials of the youth rather than their full name. In this case the accused is titled by his last name)

Plaintiff Defendant/Accused Summary of primary charge(s)

The Crown
Name: Mr. Jesse Wai

Youth charged with possession, trafficking and proceeds of crime.

Individual charges/offences are the following Trafficking in marijuana (up to 3kg.), Controlled Drugs and Substances Act s5. -INDICTABLE OFFENSE Trafficking in ecstasy (no amount specified in code) (specifically categorized under any amphetamine, LSD ,mescaline, or psilocybin), Controlled Drugs and Substances Act s 5. -INDICTABLE OFFENSE Possession for the purpose of trafficking marijuana, Controlled Drugs and Substances Act s 5. - INDICTABLE OFFENSE Possession for the purpose of trafficking ecstasy, Controlled Drugs and Substances Act s 5.-CAN BE FOUND AS SUMMARY OR INDICTABLE Possession of proceeds of crime

Maximum penalty of each charge

Trafficking in marijuana - Imprisonment 5 years less a day Trafficking in ecstasy - Imprisonment 3 years. Possession for the purpose of trafficking marijuana (up to 3kg.) - Imprisonment 5 years less a day Possession for the purpose of trafficking ecstasy Imprisonment for 18 months/$5000 fine if found as summary. If found indictable accused is subject up to 10 years in prison. Possession of proceeds of crime - Imprisonment for up to 10 years.

THE INFORMATION/CHARGES (section is for reference purposes) YOUTH JUSTICE COURT, CANADA PROVINCE OF ONTARIO THIS IS THE INFORMATION SUBMITTED BY: Officer Cheyenne Gomez,
Police Constable, Hereinafter called the informant. The informant says that he/she believes there are reasonable grounds that:
JESSE WAI, a youth within the meaning, or under the Youth Criminal Justice Act on or about the 17th day of July in the year of 2012, did traffic in a substance included in Schedule II to wit: cannabis/marijuana contrary to section 5(1) of the Controlled Drugs & Substances Act. JESSE WAI, a youth within the meaning, or under the Youth Criminal Justice Act on or about the 17th day of July in the year of 2012, did traffic in a substance included in Schedule III to wit: ecstasy contrary to section 5(1) of the Controlled Drugs & Substances Act. JESSE WAI, a youth within the meaning, or under the Youth Criminal Justice Act on or about the 17th day of July in the year of 2012, did possess a substance included in Schedule II to wit: cannabis/marijuana for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs & Substances Act. JESSE WAI, a youth within the meaning, or under the Youth Criminal Justice Act on or about the 17th day of July in the year of 2012, did possess a substance included in Schedule III to wit: ecstasy contrary to section 5(2) of the Controlled Drugs & Substances Act. JESSE WAI, a youth within the meaning or under the Youth Criminal Justice Act, did unlawfully on or about the 17th day of July in the year of 2012, possess property or proceeds of property to wit: sixty dollars ($60.00) in Canadian currency knowing that all or part of the property or proceeds was obtained or derived, directly or indirectly, as a result of the commission in Canada of an offence punishable by indictment, contrary to s. 354(1)(a) of the Criminal Code, thereby committing an offence contrary to the s. 355(a) of the Criminal Code. SUMMARY OF INFORMATION AND CHARGES SUBMITTED The informant, Officer Cheyenne Gomez, believes there are reasonable grounds the accused has committed several indictable offences contrary to Schedule II and Schedule III, in s. 5(1) and s. 5(2) of the Controlled Drugs & Substances Act, and contrary to s.354(1)(a) of the Criminal Code of Canada, thereby committing an offence contrary to s.355(a) of the Criminal Code of Canada

THE LAW (This page is for reference purposes)

(The statement and interpretation of the laws for which the accused is being charged for.) THE CONTROLLED DRUGS & SUBSTANCES ACT (1996) POSESSION OF SUBSTANCE
4.(1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

PUNISHMENT (4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or (b) is guilty of an offence punishable on summary conviction and liable o o (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

(5) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VIII is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both. (6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or (b) is guilty of an offence punishable on summary conviction and liable o o (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and (ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

TRAFFICKING IN SUBSTANCE
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.

POSESSION FOR PURPOSE OF TRAFFICKING

(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV. (3) Every person who contravenes subsection (1) or (2) (a) subject to paragraph (a.1), if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and o (i) to a minimum punishment of imprisonment for a term of one year if

(A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code, (B) the person used or threatened to use violence in committing the offence, (C) the person carried, used or threatened to use a weapon in committing the offence, or (D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or

(ii) to a minimum punishment of imprisonment for a term of two years if (A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, (B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or (C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;

INTERPRETATION OF THE ABOVE LAWS AS STATED,

2.(1) In this Act, "traffic" means, in respect of substance included in any of Schedules I to IV, (a) to sell, administer, give, transfer, transport, send or deliver the substance, to sell an authorization to obtain the substance, or (b) to offer to do anything mentioned in paragraph (a) or (b), otherwise than under the authority of the regulations.

--------------------------------------------------------------------------------------------------------------------SCHEDULE II
1. Cannabis, its preparations, derivatives and similar synthetic preparations including (2) Cannabis (marijuana)

SCHEDULE III
1. Amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues including: (9) n-methyl-3, 4-methylenedioxyamphetamine (N, a-dimethyl-1, 3-benzodioxole-5-ethanamine)

SCHEDULE VIII (SECTIONS 4 & 60)

SUBSTANCE AMOUNT 1. Cannabis Resin 1g 2. Cannabis (marijuana) 30g

POSSESSION OF PROPERTY OBTAINED BY CRIME

354. (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment

JESSE WAI, ACCUSED Background: o 16 years old, about to start grade 11 o Accused holds no previous criminal record. Accused Version of Events(Summarized and in point form in this report)

Evening of Friday, July 17, 2012, accused was at home with younger brother. Grandmother was at work expected home at 11pm. 9:40, friend (named Red) called. S/he was going to Melrose Park nearby to hang out with Casey, another friend. Accused agreed to go, taking brother. Friends meet up around 10pm, little brother goes to play with ball nearby. Accused sat next to Red and Casey. Red pulls baggie of weed from bag, rolls a joint, starts to smoke it, passes it to Casey who takes a drag, and also to accused. Accused takes one drag, even though he doesn't smoke. a bit later, accused asks Red for gum. S/he tosses bag to accused. Accused looks in bag noticing orange pills (accused does not know what the pills are). Accused takes gum, and hands bag back. Around 10:30pm, two young men approached the table. Red hands accused the bag when they got close. Accused does not know the two males and does not join in conversation. One of the two guys who approached asked Red "do you have anything?" to which Red replied "yes". They start negotiating prices and amounts, and the accused realized a drug deal was in place. Accused instinctively hands back bag to Red. Red takes small bag of pot and three orange pills from the bag, taking money. Red hands bag back to accused. Two guys leave, accused tells Red he didn't want to be involved. Accused also points out younger brother had seen what happened. Red tells accused to relax Undercover police officer approaches, and arrests all for dealing drugs. Accused said nothing. Jamir, the younger brother told the officer the accused didn't do anything wrong. Entire party of youth taken to police station and charged with five things. Accused called grandmother and was released into her custody along with younger brother. Red pleaded guilty to charges. Charges dropped against Casey.

CASEY IBRAHIM, DEFENCE WITNESS Background: 16 years old, in grade 11 Last year charged with theft under $5,000 for stealing a bike, charges dropped after completion of a diversion program VERSION OF EVENTS BY THE DEFENCE(summarized and point form) Same story of the accused with the same basis: that the accused was angry, did not want to be involved, and that Red had dragged him, and his little brother into a drug deal. REFER TO BACK SHEET FOR CROWN WITNESS AND POLICE OFFICER/INFORMANT STATEMENTS BASED ON THIS INFORMATION (OPINION)

I believe based on this statement by the accused, he should not be held responsible for the five charges in contrary of the Controlled Drugs & Substances Act, based on him having a clean record and no past history of drug use, but should be held for an omission of a crime, or failure to prevent a crime in progress when he had the power to stop one. He clearly expresses a negative opinion towards what the event, but took no action within his power to do anything. I also believe that the crown witness, Riwi Mahuta, that his charges should not have been dropped as he expressed intent and had the actus reus and mens rea of possession of different substances within the Controlled Drug & Substances Act.