R. v. Dunbar

R. v. Dunbar

On the totality of admissible evidence — the quantities and separate packaging of crack, presence of digital scales and packaging materials, cash in denominations consistent with street sales, expert opinion valuing the drugs at $500-600 and interpreting those indicia as consistent with trafficking, and the accused's statements as corroborating delivery to Sunrise Manor — the Crown proved beyond a reasonable doubt that the accused possessed some of the seized crack cocaine for the purpose of trafficking; the accused was also guilty of breaching his probation order by committing an offence while on probation.

Citation
2008 NSPC 56
Parties
Crown: Her Majesty the Queen; Accused: Ronald Austin Dunbar
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 July 2008
Procedural Posture
Criminal Controlled Substances and Probation Breach / Trial Judgment
Outcome
Accused convicted of possession of crack cocaine for the purpose of trafficking and convicted of breaching probation
Legal Topics
Possession for the Purpose of Trafficking, Breach of Probation, Expert Opinion on Drug Distribution, Credibility Assessment Under W.(d.), Statements to Police
Source Language
English
Criminal Law Controlled Substances Law Evidence Law Possession for the Purpose of Trafficking Breach of Probation Expert Opinion on Drug Distribution Credibility Assessment Under W.(d.) Statements to Police

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Parties

Her Majesty the Queen

Crown

Ronald Austin Dunbar

Accused

Procedural Posture

Criminal Controlled Substances and Probation Breach / Trial Judgment

Legal Issues

  1. 1 Whether the accused possessed crack cocaine for the purpose of trafficking on March 2, 2008
  2. 2 Whether the accused breached a probation order by possession of illegal drugs
  3. 3 Whether officer and informer statements were admissible and probative for determining guilt

Ratio Decidendi

On the totality of admissible evidence — the quantities and separate packaging of crack, presence of digital scales and packaging materials, cash in denominations consistent with street sales, expert opinion valuing the drugs at $500-600 and interpreting those indicia as consistent with trafficking, and the accused's statements as corroborating delivery to Sunrise Manor — the Crown proved beyond a reasonable doubt that the accused possessed some of the seized crack cocaine for the purpose of trafficking; the accused was also guilty of breaching his probation order by committing an offence while on probation.

Court Disposition

Accused convicted of possession of crack cocaine for the purpose of trafficking and convicted of breaching probation

Orders

  • Convicted: Controlled Drugs and Substances Act offence - possession for the purpose of trafficking (date of offence March 2, 2008)
  • Convicted: Breach of probation under probation order dated April 11, 2005