Background
In the basement
Who testified for Christina Serban?
She testified in her own defense
What does the name of the case referenced during the case?
R v Ngo
Why was Ms. Serban acquitted of the constructive possession of Marihuana for the purpose of trafficking?
Insufficient evidence Ms. Surban knew the amount of marijuana that was grown
What is the most common type of drug offence?
Cannabis Offences
When and where did this occur?
October 15, 2012, in Maple Ridge, B.C.
How did the Crown argue that Ms. Serban aided the operation?
She aided the operation by keeping it a secret
Name one reason why Mrs. Serban was acquitted
High degree of physical separation between upper and basement floor
What was the Court's decision?
Romeo Serban was convicted & Christina Serban was acquitted
Which province has the highest rate of drug offences?
British Columbia
Who were the residents of the house where the grow operation was found?
Cristina & Romeo Serban, their two children and Romeo’s father
What evidence did the crown have?
Agreed statements of facts, photographs, documentary exhibits, expert opinion of RMCP
How do the Ngo case and the Serban case differ?
Ngo didn't testify, there was no expert evidence in the Serban case & the Ngo's only purpose was the grow operation, not a family home
Why was Mr. Serban guilty of the charged offences?
grow operation was so large that it was for the purpose of trafficking
How much marijuana are people are allowed hold in their resident legally in Canada? (after legalization)
1,000 grams of dried marijuana
When and why did Romeo Serban start growing Marijuana?
summer of 2012
What were the two offences under the drug and substances act that the Serbans were accused for?
1) the unlawful production of cannabis; contrary to s. 7(1)
2) possession of cannabis in an amount in excess of three kilograms, for the purposes of trafficking; contrary to s. 5(2)
What is two important aspects of "locking the doors" within the house?
1. To protect the house
2. Ms. Serban claimed the basement door was locked at all times but when the police arrived it was unlocked.
Why was Ms. Serban acquitted of the production charge?
No evidence she committed production offence as a principal by cultivating, propagating, or harvesting marijuana herself
What is the longest amount of jail time one can spend for violating the controlled drug or substances act?
10 or more years in prison
How much Marijuana was found in the residence of the Serbans?
780 vegetative plants & 8,958 clone plants
What were three considerations set out by the court of appeal?
1. Occupancy of upper level of house
2. Occupants of the house
3. Continued occupancy of this residence
Why are "pink female" sandals important in this case?
Pink sandals were found at the bottom of the stairs
Why was Ms. Serban acquitted of the possession of Marijuana for the purpose of trafficking?
Crown failed to prove beyond a reasonable doubt
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