By Troy Gillard

Appeals denied

Convictions upheld for pair charged in 2016 Sylvan Lake drug trafficking bust

Jun 24, 2020 | 4:50 PM

A man and woman convicted following a drug trafficking bust in Sylvan Lake in 2016 have lost their appeals.

Robyn Lehner and Kyle Schellenberger were arrested along with four others and tried together on charges of possession of various illicit items – namely, firearms, ammunition, drugs and drug paraphernalia. Lehner was convicted of possession of cocaine for the purpose of trafficking while Schellenberger was convicted of possession of cocaine and marijuana, and several weapons offences.

On October 12, 2016, following five months of surveillance, RCMP executed a search warrant at four separate residences, including two used by Lehner and Schellenberger. Some cocaine and other drug trafficking paraphernalia were turned up at Lehner’s basement suite dwelling while marijuana, cocaine, firearms and ammunition were found at Schellenberger’s four-bedroom home.

The pair suggested in their appeals that the trial judge erred in applying the legal test for possession based on circumstantial evidence in their respective cases. Lehner and Schellenberger submitted that the evidence at trial left open multiple reasonable inferences that were inconsistent with their possession of the firearms and controlled substances. The also claimed the trial judge erred by filling in the blanks or bridging gaps in the evidence to draw inferences in favour of the Crown.

Lehner argued that the judge failed to consider the possibility that she was not the sole occupant of her basement suite and that the cocaine found there could have been for personal use. The trial judge had referred to RCMP surveillance indicating no other person was observed routinely coming and going from that address, and there was only one bedroom.

Prevention, Access, Recovery, and Coordination

Safe Harbour officially hands over shelter keys, establishes accessible navigation hub

18h ago

lacombe and sylvan lake

December 2025 (un)employment data released for Alberta sub-regions

19h ago

21 years with WCPS

Darcy Blum appointed principal of Lacombe Outreach School

20h ago

On the issue of trafficking, the trial judge found that the amount of cocaine, its street value and weighing and packaging equipment that was discovered “left no other reasonable inference other than Lehner was trafficking in cocaine.”

Schellenberger argued that the trial judge failed to consider that he was merely a guest at the home he was in and that the illegal items belonged to others.

The trial judge noted that Schellenberger had control over the master bedroom of the residence and knowledge of the items that were found there. She also noted that he was present at the residence during the execution of the search warrant, and that personal documents belonging to him were found during that search.

“It would not be reasonable to suggest that the appellant, who inhabited the bedroom, had no idea there were four guns in an open bag on the floor at the foot of the bed,” the trial judge determined.

After hearing the appeals on June 10, the decision of three-judge panel was released on Tuesday.

“The appellants have failed to satisfy us that there is a reviewable error in the verdict,” the appeal judges said.