R. v. Emmerson

R. v. Emmerson

The judge rejected the accused's personal-use explanation as inconsistent with the facts, accepted the expert evidence and the accused's hospital statement, and found that quantity, variety, packaging and contextual factors proved beyond a reasonable doubt that the accused possessed the drugs for the purpose of trafficking (including trafficking in prison).

Citation
2014 NSSC 225
Parties
Crown: Her Majesty the Queen; Accused: Steven Charles Emmerson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 June 2014
Procedural Posture
Criminal Possession for Purpose of Trafficking / Trial Verdict
Outcome
Count 2 (hydromorphone) acquitted; Counts 1 (cannabis resin), 3 (morphine) and 4 (diazepam) guilty.
Legal Topics
Possession, Trafficking, Credibility Assessment, Expert Opinion on Street Value, Admitted Evidence From Charter Application
Source Language
English
Criminal Law Evidence Correctional/prison Law Possession Trafficking Credibility Assessment Expert Opinion on Street Value Admitted Evidence From Charter Application

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Parties

Her Majesty the Queen

Crown

Steven Charles Emmerson

Accused

Procedural Posture

Criminal Possession for Purpose of Trafficking / Trial Verdict

Legal Issues

  1. 1 Whether the accused possessed the drugs for the purpose of trafficking

Ratio Decidendi

The judge rejected the accused's personal-use explanation as inconsistent with the facts, accepted the expert evidence and the accused's hospital statement, and found that quantity, variety, packaging and contextual factors proved beyond a reasonable doubt that the accused possessed the drugs for the purpose of trafficking (including trafficking in prison).

Court Disposition

Count 2 (hydromorphone) acquitted; Counts 1 (cannabis resin), 3 (morphine) and 4 (diazepam) guilty.

Orders

  • Verdict: Not guilty on Count 2 (hydromorphone).
  • Verdict: Guilty on Count 1 (cannabis resin).