Court File and Parties
Court File No.: 1851/15 Date: 2016-04-27 Ontario Superior Court of Justice
Between: Her Majesty The Queen And: Charles Clayton Logan and Beverly Anne Knight
Counsel: Michael Robb, for the Crown Matthew Stone, Counsel for Charles Clayton Logan Robert McFadden, Counsel for Beverly Anne Knight
Heard: April 25, 26, 2016
Before: DESOTTI, J.
[1] The accused, Charles Clayton Logan along with co-accused, Beverly Anne Knight were charged with four criminal offences including:
a) Possessing a controlled substance, to wit hydromorphone, for the purpose of trafficking contrary to s. 5 (2) of the CDSA;
b) Possession of a prohibited weapon, to wit a stun gun contrary to s. 91 (2) of the C.C.;
c) Failed without lawful excuse to comply with the terms of a recognizance not to possess or ingest any drug or controlled substance; and
d) Failed without lawful excuse to comply with a term of a recognizance, to wit to reside at a particular residence at 950 Confederation St. in Sarnia, Ontario.
[2] In the course of the trial, count # 2 was stayed. Additionally, at the conclusion of the trial, the Crown indicated that I should find the accused, Beverly Anne Knight not guilty with respect to the allegations against her on count # 1. Finally, in light of the evidence at trial, there should be a reasonable doubt with respect to count # 4 concerning the allegation that the accused, Charles Clayton Logan had breached his recognizance in that he had not resided at the stated residence in the same recognizance.
[3] On this latter charge, there was some evidence that the accused had on at least one occasion advised the Sarnia Police Services that his residence was different than what was noted in the recognizance, and that he had signed a form and received a copy of this form affirming that he was changing residences. The inference was that he may have provided Sarnia Police with something similar with respect to the residence on Devine St., the place that he was found in by the same police services when they executed their warrant to search this residence.
[4] With respect to the issue of control and knowledge of the drugs (21 hydromorphone pills) so found in the leather jacket pocket in between some clothing in the closet of the residence, I am satisfied beyond a reasonable doubt that the accused was in fact residing at this residence based on the following facts:
a) Three noted sources indicated that the residence in question was where the accused, Charles Logan was residing and selling drugs;
b) An envelope addressed to the accused, Charles Clayton Logan was found in the residence and dated one month earlier;
c) The accused was found in the living room of the residence when the search warrant was executed;
d) The accused, Charles Clayton Logan indicated that he was paying the rent for the mother of his children Beverly Anne Knight who also resided at this residence.
[5] The only remaining issue is whether the quantity of drugs and the dosage of each pill were consistent with the trafficking component reflected in count #1?
[6] The accused admitted, when he took the stand, that he had taken in the past prescribed hydromorphone pills as a result of injuries sustained in a car accident in 2013. He produced a prescription receipt dated August 15th, 2015 with respect to 120 hydromorphone pills of a 4MG dosage (ex. 27).
[7] He also produced a dated history of drugs (2011 and 2012) obtained from Shoppers Drug Mart on Indian Rd. in Sarnia that reflected three occasions wherein the accused received hydromorphone (ex. 28). The dosage that had been prescribed was 4 MG on two occasions and 1 MG on another occasion.
[8] When confronted with this dated history by the Crown, the accused indicated that prior to the accident that happened to him in 2013, an earlier car accident had injured him such that he was administered hydromorphone.
[9] I note, that at no time was 12MG of hydromorphone the prescribed dosage provided to the accused, Charles Clayton Logan regardless of what car accident befell Mr. Logan or in what year.
[10] I find the following credible evidence sufficient to satisfy me beyond a reasonable doubt that the accused, Charles Clayton Logan is guilt of trafficking and not merely simple possession:
a) The evidence of officer Leblanc that two of his known sources and one of officer Anderson indicated that the accused, Charles Clayton Logan was trafficking from Unit 9 at 821 Devine St. in Sarnia;
b) His observations that two people entered and left the residence;
c) The evidence of Officer Howell that he observed two people enter the apartment building and go up the stairs where unit 9 was located and that they quickly exited the building some two minutes later. The inference with respect to this quick departure was that they had received drugs and were anxious to leave the area.
d) The apartment building had to be breached in order to enter same, which means that access to the building could only be achieved if the party inside knew the person trying to get into the building. A two minute visit seems a stretch for any normal ‘drop in’ by any normal visitor.
e) The money found on the accused absent any explanation would be consistent with money obtained from selling drugs;
f) The drugs were found in a heavy leather jacket pocket that the Officer concluded was not female attire;
g) The 12 MG dosage could not be considered to be for personal use by the accused, given that the accused, Charles Clayton Morgan, testified that the size of his dosage at least in the past was only 4 MG and on one occasion 1 MG.
h) While the accused, does not have to provide an explanation for the drugs found in the residence, given that he produced a receipt dated August 15, 2015 with respect to 120 hydromorphone pills of a 4 MG dosage and a historical record of other filled prescriptions of hydromorphone again of both 4 MG and 1 MG, no other history of filled prescriptions were tendered by the accused.
[11] For the aforementioned brief reasons, the accused Charles Clayton Logan is found guilty of count # 1 and count #3.
“Justice J. A. Desotti” The Honourable Mr. Justice John A. Desotti