Mar 17, 2014

Summary of R v Hill

R v Hill, 2013 SKPC 120 (CanLII)
The accused was charged with trafficking marihuana and psilocybin mushrooms. Police had seized a bag of psilocybin mushrooms weighing 266 grams, a bag of cannabis resin weighing 20 grams and 255 grams of marihuana. The police also seized a cell phone that contained text messages implicating the accused in drug trafficking. The accused claimed that he was a very heavy marihuana user and the entire supply found in his house was for personal use. He also said that marihuana was difficult to obtain in his area, so he purchased large quantities from Saskatoon. The accused claimed that he was given the mushrooms by an acquaintance and did not realize they were drugs. The mushrooms were found in a box under his bed.HELD: The accused was convicted of all three counts. The Court found that marihuana is easily obtained all over Saskatchewan in virtually any quantity. The sheer quantity of drugs found in the accused's home suggested he was trafficking. The amounts far exceeded what a normal drug user could consume for personal use and also cost more than the average drug user would spend at one time. Also, someone involved only in personal use would have no need for the scales that were found in the accused's house. Only someone involved in selling drugs would need to weigh the quantities.