What is the test for establishing that the accused had knowledge or control of a concealed drug?
British Columbia, Canada
The following excerpt is from R. v. Posin, 2010 BCSC 1645 (CanLII):
In Regina v. Iturriaga (1994) 43 B.C.C.A. 161, the accused was driving a car that was pulled over by the police. He appeared to be nervous. Concealed drugs were found within the car within arm’s reach of the accused. There was another occupant of the vehicle. The passenger was also near the concealed drugs. McEachern C.J.B.C. said those facts cannot establish beyond a reasonable doubt that the driver had knowledge of or control over the drugs.
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