R. v. Shields

R. v. Shields

Having listened to the intercepts, reviewed surveillance and exhibits, and applied expert evidence cautiously, the court found identity of voices proven beyond reasonable doubt, intercepted communications admissible and reliable, the coded term 'minutes' properly inferred as grams, and the pattern of frequent resupply, pricing, debts, cutting agents and seized cocaine established beyond a reasonable doubt that the substance was cocaine; therefore the only rational inference from the totality of admissible evidence is that Shields and Scott trafficked cocaine and conspired to do so, satisfying the Carter test and warranting convictions.

Citation
2014 NSPC 21
Parties
Prosecutor: Her Majesty the Queen; Defendant: Kyle Shields; Defendant: Patrick Scott
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 May 2014
Procedural Posture
Criminal Trafficking and Conspiracy / Trial Decision (conviction)
Outcome
Convicted of trafficking cocaine and conspiracy to traffic cocaine
Legal Topics
Drug Trafficking, Conspiracy, Wiretap/part VI Intercepts, Voice Identification, Circumstantial Evidence, Expert Opinion Admissibility, Hearsay/principled Approach
Source Language
English
Criminal Law Drugs Law Evidence Law Drug Trafficking Conspiracy Wiretap/part VI Intercepts Voice Identification Circumstantial Evidence +2 more

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Parties

Her Majesty the Queen

Prosecutor

Kyle Shields

Defendant

Patrick Scott

Defendant

Procedural Posture

Criminal Trafficking and Conspiracy / Trial Decision (conviction)

Legal Issues

  1. 1 Identity of speakers on intercepts
  2. 2 Admissibility and weight of Part VI intercept evidence
  3. 3 Meaning of coded term 'minutes' and whether product was cocaine

Ratio Decidendi

Having listened to the intercepts, reviewed surveillance and exhibits, and applied expert evidence cautiously, the court found identity of voices proven beyond reasonable doubt, intercepted communications admissible and reliable, the coded term 'minutes' properly inferred as grams, and the pattern of frequent resupply, pricing, debts, cutting agents and seized cocaine established beyond a reasonable doubt that the substance was cocaine; therefore the only rational inference from the totality of admissible evidence is that Shields and Scott trafficked cocaine and conspired to do so, satisfying the Carter test and warranting convictions.

Court Disposition

Convicted of trafficking cocaine and conspiracy to traffic cocaine

Orders

  • Convictions entered against Kyle Shields and Patrick Scott for trafficking cocaine (Controlled Drugs and Substances Act s.5(1)) and for conspiracy to traffic cocaine (Criminal Code s.465(1)).