Can a jury overturn a verdict of possession for the purpose of trafficking?

British Columbia, Canada


The following excerpt is from R. v. Light, 1993 CanLII 1023 (BC CA):

136 This argument proceeded before us on the footing that the verdict of the jury could not be supported by the evidence, and that it should therefore be set aside under s. 686(1)(a)(i) of the Criminal Code. I have already expressed my view that there was evidence upon which a properly instructed jury acting judicially could reasonably have convicted Light of possession for the purpose of trafficking. That is the test applicable under s. 686(1)(a)(i); Regina v. Yebes, 1987 CanLII 17 (SCC), [1987] 2 S.C.R. 168. It is a distinctly different test from that required to be met under s. 686(1)(b)(iii), but it is sufficient to dispose of this ground of appeal. IV

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