Court File and Parties
Citation: R. v. Chu, 2009 ONCA 121 Date: 2009-02-06 Docket: C47948
Court of Appeal for Ontario Doherty, Simmons and Gillese JJ.A.
Between: Her Majesty the Queen Respondent
And
Dieu Chu Appellant
Counsel: Ewan Lyttle, for the appellant Bradley Reitz, for the respondent
Heard: February 5, 2009
On appeal from the conviction entered by Justice B. Ryan of the Ontario Court of Justice dated June 22, 2007.
Appeal Book Endorsement
[1] The trial judge found the following:
the house was being used for one purpose only – the cultivation of marijuana; it was virtually uninhabitable because of the temperature and smell;
the appellant was in the house for at least thirteen minutes; and
the appellant had a key to the front door.
[2] The trial judge was entitled to infer possession (knowledge and control) of the plants. That inference was not unreasonable, particularly in the absence of any evidence from the appellant.
[3] The trial judge observed that an operation of the size and nature of the operation found in this home required human “attention” and care. We see no error in this common sense observation.
[4] The appeal is dismissed.