R. v. Cater

R. v. Cater

On the totality of admissible evidence — authenticated Part VI intercepts, cell phone forensic data, reliable voice identification by investigators, firearms analyst certificates and expert interpretation of coded language — the Crown proved beyond a reasonable doubt that Kyle Cater had constructive and joint possession of the firearms and magazines seized at 80 Cavendish and that he possessed firearms for the purpose of offering to transfer them (firearms trafficking). The evidence did not support criminal responsibility for careless storage and failed to establish possession or offer-to-transfer on certain specific charged counts, therefore those counts were acquitted or stayed as...

Citation
2012 NSPC 18
Parties
Crown: Her Majesty The Queen; Accused: Kyle Cater; Co Accused: Paul Cater; Co Accused: Torina Lewis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 March 2012
Procedural Posture
Criminal Firearms Offences and Trafficking / Trial Decision (verdict)
Outcome
Mixed verdict: multiple convictions for unlawful possession and trafficking; acquittals on careless storage and certain trafficking counts; stays where appropriate.
Legal Topics
Possession (constructive and Joint), Firearms Trafficking (ss.99, 100 Criminal Code), Admissibility of Part VI Intercepts, Voice Identification, Continuity of Exhibits, Cell Phone Forensics, Careless Storage of Firearms, Expert Opinion Evidence
Source Language
English
Criminal Law Firearms Regulation Evidence Law Charter (section 8) Forensic Technology Interception Law Possession (constructive and Joint) Firearms Trafficking (ss.99,100 Criminal Code) +6 more

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Parties

Her Majesty The Queen

Crown

Kyle Cater

Accused

Paul Cater

Co Accused

Torina Lewis

Co Accused

Procedural Posture

Criminal Firearms Offences and Trafficking / Trial Decision (verdict)

Legal Issues

  1. 1 Whether Crown proved beyond reasonable doubt that accused had constructive and/or joint possession of firearms seized at 80 Cavendish Road
  2. 2 Whether intercepted Part VI communications and cell phone contents were admissible and reliable
  3. 3 Whether voice identification of intercepted calls reliably identified accused as speaker

Ratio Decidendi

On the totality of admissible evidence — authenticated Part VI intercepts, cell phone forensic data, reliable voice identification by investigators, firearms analyst certificates and expert interpretation of coded language — the Crown proved beyond a reasonable doubt that Kyle Cater had constructive and joint possession of the firearms and magazines seized at 80 Cavendish and that he possessed firearms for the purpose of offering to transfer them (firearms trafficking). The evidence did not support criminal responsibility for careless storage and failed to establish possession or offer-to-transfer on certain specific charged counts, therefore those counts were acquitted or stayed as...

Court Disposition

Mixed verdict: multiple convictions for unlawful possession and trafficking; acquittals on careless storage and certain trafficking counts; stays where appropriate.

Orders

  • No sentencing order recorded in reasons for accused; co-accused Paul Cater and Torina Lewis pleaded guilty and sentencing scheduled separately