R. v. White

R. v. White

On the totality of the evidence, including admissible agreed facts, credible expert evidence identifying indicia of retail trafficking, the physical evidence in the Air Jordan and lime green bags, and the accused's admitted ownership of the Air Jordan bag, the Crown proved beyond a reasonable doubt that Mr. White possessed the contents of those bags and possessed the drugs for the purpose of trafficking; duplicative convictions were stayed under Kienapple and the Crown recorded a stay on a probation breach count.

Citation
2024 NSSC 136
Parties
Crown: His Majesty the King; Accused: Nathaniel Dominic White
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 May 2024
Procedural Posture
Criminal Indictable (trial on a 23 Count Indictment) / Trial Judgment (verdict and Findings of Fact)
Outcome
Convicted on counts 1, 2, 6, 8, 10, 12, 14, 16, 18 and 20; convictions on counts 3 and 4 stayed pursuant to Kienapple in relation to count 2; conviction on count 23 stayed pursuant to Kienapple in relation to count 20; count 22 stayed by the Crown; acquitted (not guilty) on counts 5, 7, 9, 11, 13, 15, 17, 19 and 21.
Legal Topics
Possession, Possession for the Purpose of Trafficking, Agreed Statement of Facts (s.655 Criminal Code), Kienapple Principle (double Jeopardy/duplicate Convictions), Assessing Credibility and Circumstantial Evidence, DNA and Forensic Evidence
Source Language
English
Criminal Law Controlled Substances Firearms Law Evidence Law Possession Possession for the Purpose of Trafficking Agreed Statement of Facts (s.655 Criminal Code) Kienapple Principle (double Jeopardy/duplicate Convictions) +2 more

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Parties

His Majesty the King

Crown

Nathaniel Dominic White

Accused

Procedural Posture

Criminal Indictable (trial on a 23 Count Indictment) / Trial Judgment (verdict and Findings of Fact)

Legal Issues

  1. 1 Whether Mr. White possessed the contents of the Air Jordan and lime green bags
  2. 2 Whether the possession was for the purpose of trafficking/sale or distribution
  3. 3 Whether formal admissions under s.655 of the Criminal Code are conclusive and how they affect proof

Ratio Decidendi

On the totality of the evidence, including admissible agreed facts, credible expert evidence identifying indicia of retail trafficking, the physical evidence in the Air Jordan and lime green bags, and the accused's admitted ownership of the Air Jordan bag, the Crown proved beyond a reasonable doubt that Mr. White possessed the contents of those bags and possessed the drugs for the purpose of trafficking; duplicative convictions were stayed under Kienapple and the Crown recorded a stay on a probation breach count.

Court Disposition

Convicted on counts 1, 2, 6, 8, 10, 12, 14, 16, 18 and 20; convictions on counts 3 and 4 stayed pursuant to Kienapple in relation to count 2; conviction on count 23 stayed pursuant to Kienapple in relation to count 20; count 22 stayed by the Crown; acquitted (not guilty) on counts 5, 7, 9, 11, 13, 15, 17, 19 and 21.

Orders

  • Convict defendant on counts 1, 2, 6, 8, 10, 12, 14, 16, 18 and 20 as entered in the Decision dated 2024-05-17
  • Stay convictions on counts 3 and 4 under the Kienapple principle in relation to count 2