The criminal offence of Possession of Property Obtained by Crime is committed when a person has in his or her possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from the commission of a criminal offence. Specifically, the Crown must prove: that (a) the accused had the property in their possession; (b) the property was obtained directly or indirectly from a criminal offence; (c) the accused had the intention to possess the property; and (d) that the accused had specific knowledge that the property was obtained directly or indirectly from a criminal offence.
The Criminal Code states a person has something in their “possession” when that person has it in their personal possession or knowingly has it in the actual possession or custody of another person, or has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or another person. Finally, where two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
