R. v. Frost

R. v. Frost

On the totality of the circumstantial evidence the court drew the only rational inference to be drawn: Ms Frost and Mr Charter were engaged in a joint enterprise trafficking cocaine. Items demonstrating knowledge and control included cocaine packaged in dime bags and a wooden box in Frost’s purse with her identification present, a scale with residue and a scoresheet in the living room, a duffel bag in the master bedroom containing Charter’s identification together with multiple dime bags of cocaine, and a large block of cocaine in the dresser adjacent to Charter’s bag. Expert opinion corroborated that the quantities, packaging and paraphernalia were consistent with trafficking. Thus the...

Citation
2020 NSPC 6
Parties
Prosecution: Her Majesty the Queen; Accused: Wendie Caroline Marie Frost; Accused: Christopher James Charter
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 January 2020
Procedural Posture
Criminal / Trial Judgment
Outcome
Convictions entered as to possession for the purpose of trafficking and weapons possession as detailed below; specified charges dismissed or withdrawn
Legal Topics
Possession, Knowledge and Control, Circumstantial Evidence, Joint Enterprise, Search Warrant, Credibility and Reliability
Source Language
English
Criminal Law Controlled Drugs and Substances Act Criminal Code Drugs Weapons Evidence Possession Knowledge and Control +4 more

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Parties

Her Majesty the Queen

Prosecution

Wendie Caroline Marie Frost

Accused

Christopher James Charter

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the Crown proved the accuseds had the requisite knowledge and control to be in possession of drugs and whether that possession was for the purpose of trafficking
  2. 2 Whether the Crown proved Ms Frost possessed a concealed weapon (stun gun) and that it was possessed for a purpose dangerous to the public peace

Ratio Decidendi

On the totality of the circumstantial evidence the court drew the only rational inference to be drawn: Ms Frost and Mr Charter were engaged in a joint enterprise trafficking cocaine. Items demonstrating knowledge and control included cocaine packaged in dime bags and a wooden box in Frost’s purse with her identification present, a scale with residue and a scoresheet in the living room, a duffel bag in the master bedroom containing Charter’s identification together with multiple dime bags of cocaine, and a large block of cocaine in the dresser adjacent to Charter’s bag. Expert opinion corroborated that the quantities, packaging and paraphernalia were consistent with trafficking. Thus the...

Court Disposition

Convictions entered as to possession for the purpose of trafficking and weapons possession as detailed below; specified charges dismissed or withdrawn

Orders

  • Both Wendie Frost and Christopher Charter convicted of possession of cocaine for the purpose of trafficking
  • Wendie Frost convicted of possession of hydromorphone for the purpose of trafficking