R. v. Murphy

R. v. Murphy

On the totality of circumstantial evidence the only reasonable inference was that Lonnie Murphy possessed the cocaine and cannabis for the purpose of trafficking and possessed multiple items of stolen retail property while being aware of or willfully blind to their stolen nature; conversely the rifle was stored in a...

Source-derived case information.

Citation
2020 NSSC 35
Parties
Crown: Her Majesty the Queen; Accused: Lonnie Mercelle Murphy; Accused: Michelle Lynn Yetman
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 January 2020
Procedural Posture
Criminal: Charges Under Controlled Drugs and Substances Act and Criminal Code (possession for Purpose of Trafficking, Possession of Stolen Property, Firearms Offences) / Trial Judgment (verdict Delivered)
Outcome
Mixed: Lonnie Murphy convicted on specified drug and stolen property counts, acquitted on specified Canadian Tire-related counts and all firearms counts; Michelle Yetman acquitted on all counts.
Legal Topics
Possession for Purpose of Trafficking, Possession of Stolen Property, Willful Blindness, Circumstantial Evidence, Expert Evidence Admissibility, Search Warrant Challenge
Source Language
english
Criminal Law Controlled Drugs and Substances Act Firearms Law Property Law Evidence Law Possession for Purpose of Trafficking Possession of Stolen Property Willful Blindness +3 more

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Lonnie Mercelle Murphy

Accused

Michelle Lynn Yetman

Accused

Procedural Posture

Criminal: Charges Under Controlled Drugs and Substances Act and Criminal Code (possession for Purpose of Trafficking, Possession of Stolen Property, Firearms Offences) / Trial Judgment (verdict Delivered)

Legal Issues

  1. 1 Whether accused possessed cocaine and cannabis for the purpose of trafficking
  2. 2 Whether items found in pawn shop constituted stolen property and whether accused knew or was willfully blind to that fact
  3. 3 Whether accused possessed a firearm or knew of its presence

Ratio Decidendi

On the totality of circumstantial evidence the only reasonable inference was that Lonnie Murphy possessed the cocaine and cannabis for the purpose of trafficking and possessed multiple items of stolen retail property while being aware of or willfully blind to their stolen nature; conversely the rifle was stored in a hidden but non-secret, chaotic area and Crown did not prove Murphy’s knowledge of it; Ms. Yetman was not proven guilty on any charges.

Court Disposition

Mixed: Lonnie Murphy convicted on specified drug and stolen property counts, acquitted on specified Canadian Tire-related counts and all firearms counts; Michelle Yetman acquitted on all counts.

Orders

  • Guilty findings entered against Lonnie Murphy: Criminal Code Indictment CRH 474606 Counts 1 (Long & McQuade, s.355(a)), 2 (Duron Atlantic, s.355(b)), 6 (Stephen Bradley, s.355(b)), 7 (Economy Glass, s.355(b)), 9 (persons unknown, s.355(a)), 10 (persons unknown trafficking, s.355.5(a)); Not guilty findings entered on...
  • Guilty findings entered against Lonnie Murphy on Controlled Drugs and Substances Act Indictment CRH 474607 Count 1 (cocaine, s.5(2)) and Count 2 (cannabis, s.5(2)); Michelle Yetman found not guilty on all counts under both indictments