R. v. Roberts

R. v. Roberts

Applying the law on possession and circumstantial evidence the court acquitted Williams because his utterance and the unopened mail were vague and could support innocent inferences and did not establish knowledge and control beyond a reasonable doubt; the court convicted Roberts because multiple items linked to him (recognizance and personal form listing 8 Bashful Ave, an envelope addressed to 'Uncle Tony' with a debt sheet found among his papers, an RBC statement found in bedroom 2, the gym bag containing large quantities of drugs and trafficking paraphernalia, visible brass knuckles in a bathroom cabinet and ammunition in the same bedroom) combined with expert opinion established...

Citation
2018 NSPC 54
Parties
Crown: Her Majesty The Queen; Accused: Anthony Douglas Roberts; Accused: Antoine Steve Williams
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 October 2018
Procedural Posture
Criminal Possession for the Purpose of Trafficking / Provincial Court Trial Decision (conviction/acquittal)
Outcome
Anthony Douglas Roberts: convicted of possession for the purpose of trafficking (cocaine and cannabis), possession of a prohibited weapon (brass knuckles), possession of ammunition and breaches of recognizance; Antoine Steve Williams: acquitted of all charged offences.
Legal Topics
Possession for the Purpose of Trafficking, Constructive Possession, Knowledge and Control, Circumstantial Evidence and Burden of Proof, Probation/recognizance Breaches, Utterances and Evidential Weight
Source Language
English
Criminal Law Controlled Drugs and Substances Act Evidence (circumstantial) Search and Seizure Weapons Law Possession for the Purpose of Trafficking Constructive Possession Knowledge and Control +3 more

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Parties

Her Majesty The Queen

Crown

Anthony Douglas Roberts

Accused

Antoine Steve Williams

Accused

Procedural Posture

Criminal Possession for the Purpose of Trafficking / Provincial Court Trial Decision (conviction/acquittal)

Legal Issues

  1. 1 Whether Crown proved knowledge and control required for possession for purpose of trafficking (s.5(2) CDSA)
  2. 2 Whether either accused had personal or constructive possession of brass knuckles (s.91(2) CC)
  3. 3 Whether either accused had possession of ammunition contrary to prohibition order (s.117.01(1) CC)

Ratio Decidendi

Applying the law on possession and circumstantial evidence the court acquitted Williams because his utterance and the unopened mail were vague and could support innocent inferences and did not establish knowledge and control beyond a reasonable doubt; the court convicted Roberts because multiple items linked to him (recognizance and personal form listing 8 Bashful Ave, an envelope addressed to 'Uncle Tony' with a debt sheet found among his papers, an RBC statement found in bedroom 2, the gym bag containing large quantities of drugs and trafficking paraphernalia, visible brass knuckles in a bathroom cabinet and ammunition in the same bedroom) combined with expert opinion established...

Court Disposition

Anthony Douglas Roberts: convicted of possession for the purpose of trafficking (cocaine and cannabis), possession of a prohibited weapon (brass knuckles), possession of ammunition and breaches of recognizance; Antoine Steve Williams: acquitted of all charged offences.

Orders

  • Anthony Douglas Roberts found guilty of possession for the purpose of trafficking contrary to s.5(2) Controlled Drugs and Substances Act (cocaine and cannabis).
  • Anthony Douglas Roberts found guilty of possession of a prohibited weapon contrary to s.91(2) Criminal Code (brass knuckles).