R. v. Green

R. v. Green

At the threshold admissibility stage the agreed facts concerning the November 22, 2018 surveillance, seizures of cocaine, cutting agents, presses and firearms are relevant and material to the Crown's issue of the criminal origin of cash seized on October 18, 2017; on balance the probative value of that discreditable...

Source-derived case information.

Citation
2020 NSSC 148
Parties
Prosecutor: Her Majesty the Queen; Accused: Daniel Gerald Shawn Green
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 May 2020
Procedural Posture
Criminal Proceeds of Crime and Money Laundering (related Drug and Firearms Charges Pending) / Pre Trial Voir Dire on Admissibility of Discreditable Conduct Evidence
Outcome
Voir dire: threshold admissibility granted — evidence of subsequent trafficking and weapons offences (Nov 22, 2018) is admissible at the threshold to prove the criminal origin of cash seized Oct 18, 2017; further rulings required on fair trial and scheduling issues.
Legal Topics
Discreditable Conduct Evidence, Similar Fact Evidence, After the Fact Conduct, Threshold Admissibility, Probative Vs Prejudicial Balancing, Circumstantial Evidence, Right to Silence/self Incrimination, S.8 Charter Issues
Source Language
english
Criminal Law Evidence Law Money Laundering Drug Offences Firearms Offences Charter Rights (search and Seizure; Right to Silence) Discreditable Conduct Evidence Similar Fact Evidence +6 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Prosecutor

Daniel Gerald Shawn Green

Accused

Procedural Posture

Criminal Proceeds of Crime and Money Laundering (related Drug and Firearms Charges Pending) / Pre Trial Voir Dire on Admissibility of Discreditable Conduct Evidence

Legal Issues

  1. 1 Whether evidence of subsequent alleged trafficking and firearms offences (Nov 22, 2018) is admissible at the threshold to prove that cash seized Oct 18, 2017 was proceeds of crime
  2. 2 Whether the proposed evidence is relevant and material to a live issue other than general propensity
  3. 3 Whether the probative value of the after-the-fact/discreditable conduct evidence outweighs its prejudicial effect

Ratio Decidendi

At the threshold admissibility stage the agreed facts concerning the November 22, 2018 surveillance, seizures of cocaine, cutting agents, presses and firearms are relevant and material to the Crown's issue of the criminal origin of cash seized on October 18, 2017; on balance the probative value of that discreditable conduct evidence outweighs its prejudicial effect and it is therefore admissible subject to proper limiting use and further consideration of fair-trial impacts.

Court Disposition

Voir dire: threshold admissibility granted — evidence of subsequent trafficking and weapons offences (Nov 22, 2018) is admissible at the threshold to prove the criminal origin of cash seized Oct 18, 2017; further rulings required on fair trial and scheduling issues.

Orders

  • Proposed discreditable conduct evidence admitted at threshold for the proceeds and money laundering trial subject to limiting instructions and proper use only for permissible purposes
  • Crown to notify the court within one week whether it will call the subsequent trafficking/firearms evidence at trial