R. v. Fisher

R. v. Fisher

On the totality of the circumstances the informant's July 5, 2018 eyewitness tip combined with prior corroboration of neutral details provided Detective Constable Moody with objectively reasonable and probable grounds to arrest Mr. Fisher without a warrant; the arrest was lawful, the evidence was admissible, and the defendant was found guilty of the charged offence.

Citation
2019 NSPC 79
Parties
Crown: Her Majesty The Queen; Defendant: George Fisher
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 December 2019
Procedural Posture
Criminal — Controlled Drugs and Substances Act (possession for the Purpose of Trafficking) / Decision on Lawfulness of Warrantless Arrest and Admissibility; Conviction Entered
Outcome
Arrest upheld as lawful; evidence admitted; defendant found guilty of the offence charged
Legal Topics
Warrantless Arrest, Informant Reliability, Reasonable and Probable Grounds, Corroboration of Tips, Exclusion of Evidence (s.24(2)), Search and Seizure
Source Language
English
Criminal Law Procedural Law Evidence Charter/constitutional Law Warrantless Arrest Informant Reliability Reasonable and Probable Grounds Corroboration of Tips +2 more

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Parties

Her Majesty The Queen

Crown

George Fisher

Defendant

Procedural Posture

Criminal — Controlled Drugs and Substances Act (possession for the Purpose of Trafficking) / Decision on Lawfulness of Warrantless Arrest and Admissibility; Conviction Entered

Legal Issues

  1. 1 Whether the arresting officer had reasonable and probable grounds to effect a warrantless arrest based on information from an unproven confidential informant
  2. 2 Whether the informant's tip was sufficiently corroborated by police investigation
  3. 3 Whether the lack of surveillance or independent corroboration of criminal activity rendered the arrest unlawful

Ratio Decidendi

On the totality of the circumstances the informant's July 5, 2018 eyewitness tip combined with prior corroboration of neutral details provided Detective Constable Moody with objectively reasonable and probable grounds to arrest Mr. Fisher without a warrant; the arrest was lawful, the evidence was admissible, and the defendant was found guilty of the charged offence.

Court Disposition

Arrest upheld as lawful; evidence admitted; defendant found guilty of the offence charged

Orders

  • Defendant found guilty of the offence contrary to s.5(2) of the Controlled Drugs and Substances Act
  • Arrest without warrant held lawful; evidence obtained on arrest not excluded