R v. Kennedy

R v. Kennedy

The Crown proved beyond a reasonable doubt that the trailer was the accused's residence and that he had knowledge and control of the contents; the quantity of cocaine (29.6 g), presence of multiple scales, weapons and other indicia supported the expert opinion and the inference that the drug was possessed for the purpose of trafficking, establishing mens rea under s.5(2) CDSA. The firearms were proven to be operable and carelessly stored, satisfying s.86(1). However, the Crown failed to prove the absence of a valid firearms licence and requisite knowledge for conviction under s.92(1), requiring acquittal on that count.

Citation
2022 NSPC 9
Parties
Crown: Her Majesty the Queen; Accused: Daniel Walter Kennedy
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 March 2022
Procedural Posture
Criminal / Trial Judgment (provincial Court Decision)
Outcome
Accused found guilty of two counts of careless storage of firearms under s.86(1) Criminal Code and guilty of possession of cocaine for the purpose of trafficking under s.5(2) CDSA; acquitted of possession of a non-restricted firearm without a licence under s.92(1) Criminal Code.
Legal Topics
Possession for Purpose of Trafficking, Constructive Possession, Careless Storage of Firearms, Unlicensed Possession of Firearm, Operability of Firearm Proof, Right to Silence and Presumption of Innocence, Expert Opinion Evidence
Source Language
English
Criminal Law Drug Offences Firearms Law Possession for Purpose of Trafficking Constructive Possession Careless Storage of Firearms Unlicensed Possession of Firearm Operability of Firearm Proof +2 more

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Parties

Her Majesty the Queen

Crown

Daniel Walter Kennedy

Accused

Procedural Posture

Criminal / Trial Judgment (provincial Court Decision)

Legal Issues

  1. 1 Whether the accused had knowledge and control (constructive possession) of the cocaine and firearms found in the residence
  2. 2 Whether the quantity and surrounding evidence established possession for the purpose of trafficking under s.5(2) CDSA
  3. 3 Whether the seized weapons were operable firearms and whether careless storage under s.86(1) was proven

Ratio Decidendi

The Crown proved beyond a reasonable doubt that the trailer was the accused's residence and that he had knowledge and control of the contents; the quantity of cocaine (29.6 g), presence of multiple scales, weapons and other indicia supported the expert opinion and the inference that the drug was possessed for the purpose of trafficking, establishing mens rea under s.5(2) CDSA. The firearms were proven to be operable and carelessly stored, satisfying s.86(1). However, the Crown failed to prove the absence of a valid firearms licence and requisite knowledge for conviction under s.92(1), requiring acquittal on that count.

Court Disposition

Accused found guilty of two counts of careless storage of firearms under s.86(1) Criminal Code and guilty of possession of cocaine for the purpose of trafficking under s.5(2) CDSA; acquitted of possession of a non-restricted firearm without a licence under s.92(1) Criminal Code.

Orders

  • Found guilty on two counts of careless storage of firearms (s.86(1) Criminal Code)
  • Found guilty of possession of cocaine for the purpose of trafficking (s.5(2) CDSA)