R. v. Sampson

R. v. Sampson

Sampson was convicted because cocaine hidden in a jacket in his leased apartment, together with scales, packaging, other drugs and expert evidence, established constructive possession and, on the totality of the physical evidence, possession for the purpose of trafficking beyond a reasonable doubt; Anderson was...

Source-derived case information.

Citation
2009 NSSC 133
Parties
Prosecutor: Her Majesty the Queen; Accused: Victor John Sampson; Accused: Chantelle Lynn Anderson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 April 2009
Procedural Posture
Criminal Possession for the Purpose of Trafficking (controlled Drugs and Substances Act) / Trial Judgment (oral Decision)
Outcome
Victor John Sampson: convicted of possession of cocaine for the purpose of trafficking; conviction entered. Chantelle Lynn Anderson: acquitted (not guilty) and discharged.
Legal Topics
Possession, Constructive Possession, Joint Possession, Trafficking, Burden of Proof, Credibility of Witnesses, Search Warrant Execution, Aiding and Abetting
Source Language
english
Criminal Law Drug Offences Evidence Search and Seizure Possession Constructive Possession Joint Possession Trafficking +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty the Queen

Prosecutor

Victor John Sampson

Accused

Chantelle Lynn Anderson

Accused

Procedural Posture

Criminal Possession for the Purpose of Trafficking (controlled Drugs and Substances Act) / Trial Judgment (oral Decision)

Legal Issues

  1. 1 Whether the accused had possession of the cocaine found in the apartment
  2. 2 Whether the accused knew the substance was cocaine
  3. 3 Whether possession was for the purpose of trafficking

Ratio Decidendi

Sampson was convicted because cocaine hidden in a jacket in his leased apartment, together with scales, packaging, other drugs and expert evidence, established constructive possession and, on the totality of the physical evidence, possession for the purpose of trafficking beyond a reasonable doubt; Anderson was acquitted because there was no evidence she owned the jacket, lived in the apartment, or had knowledge or control of the cocaine, and mere presence was insufficient for constructive or joint possession.

Court Disposition

Victor John Sampson: convicted of possession of cocaine for the purpose of trafficking; conviction entered. Chantelle Lynn Anderson: acquitted (not guilty) and discharged.

Orders

  • Conviction entered against Victor John Sampson for possession for the purpose of trafficking under CDSA s.5(2)
  • Chantelle Lynn Anderson found not guilty and discharged