R. v. States

R. v. States

The Crown failed to prove beyond a reasonable doubt that the accused knew the package contained a scheduled controlled substance; the accused's statements about "steroids" were equivocal and the delivery circumstances lacked the indicia necessary to infer knowledge, therefore acquittal was required.

Citation
2017 NSSC 276
Parties
Crown: Her Majesty the Queen; Defendant: Richard Dale States
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 October 2017
Procedural Posture
Criminal Possession for the Purpose of Trafficking (cdsa S.5(2)) / Trial Judgment (acquittal)
Outcome
Acquitted - Not guilty
Legal Topics
Constructive Possession, Knowledge, Willful Blindness, Circumstantial Evidence, Burden of Proof
Source Language
English
Criminal Law Controlled Drugs and Substances Act Evidence Law Constructive Possession Knowledge Willful Blindness Circumstantial Evidence Burden of Proof

Case Brief

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Parties

Her Majesty the Queen

Crown

Richard Dale States

Defendant

Procedural Posture

Criminal Possession for the Purpose of Trafficking (cdsa S.5(2)) / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved constructive possession by proving knowledge and control
  2. 2 Whether the accused's statements that the package contained "steroids" satisfied the knowledge element given the package actually contained fentanyl
  3. 3 Whether the surrounding delivery circumstances and conduct permit an inference of knowledge beyond a reasonable doubt

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the accused knew the package contained a scheduled controlled substance; the accused's statements about "steroids" were equivocal and the delivery circumstances lacked the indicia necessary to infer knowledge, therefore acquittal was required.

Court Disposition

Acquitted - Not guilty

Orders

  • Defendant found not guilty of possession for the purpose of trafficking contrary to s.5(2) of the Controlled Drugs and Substances Act
  • Released from the conditions in the recognizance related to this matter