R v. Smith

R v. Smith

On the totality of the circumstantial evidence the Crown proved beyond a reasonable doubt that Mr. Smith constructively possessed cocaine for the purpose of trafficking (based on his attempt to dispose of a chunk of cocaine during arrest, cocaine recovered in house and truck, scales/weight/packaging, cash and expert opinion) and that both spouses jointly possessed firearms located in a locked seacan and that Mr. Smith possessed the crossbow contrary to his prohibition; conversely the firearm boxed under the basement bed was reasonably attributable to a teenaged son and created reasonable doubt as to the Smiths' possession of that specific firearm, requiring acquittal on that count.

Citation
2022 NSPC 39
Parties
Crown: His Majesty the King; Defendant: Shaun Smith; Defendant: Tina Smith
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 October 2022
Procedural Posture
Indictable Criminal / Trial — Written Decision on Guilt
Outcome
Guilty convictions on multiple counts: Shaun Smith convicted of possession of cocaine for the purpose of trafficking, possession of items intended to be used to traffic (s.7.1(1)(b) CDSA), possession of the crossbow while subject to a Prohibition Order, and convictions relating to firearms located in the seacan...
Legal Topics
Possession, Constructive Possession, Possession for the Purpose of Trafficking, Breach of Prohibition Order, Circumstantial Evidence, Expert Opinion, Joint Possession
Source Language
English
Criminal Law Controlled Drugs and Substances Act Firearms Law Evidence Law Possession Constructive Possession Possession for the Purpose of Trafficking Breach of Prohibition Order +3 more

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Parties

His Majesty the King

Crown

Shaun Smith

Defendant

Tina Smith

Defendant

Procedural Posture

Indictable Criminal / Trial — Written Decision on Guilt

Legal Issues

  1. 1 Whether the Crown proved possession of firearms and a crossbow by the accused
  2. 2 Whether the Crown proved possession of cocaine for the purpose of trafficking by the accused
  3. 3 Whether items found in the basement bedroom were possessed by a teenaged son rather than the accused

Ratio Decidendi

On the totality of the circumstantial evidence the Crown proved beyond a reasonable doubt that Mr. Smith constructively possessed cocaine for the purpose of trafficking (based on his attempt to dispose of a chunk of cocaine during arrest, cocaine recovered in house and truck, scales/weight/packaging, cash and expert opinion) and that both spouses jointly possessed firearms located in a locked seacan and that Mr. Smith possessed the crossbow contrary to his prohibition; conversely the firearm boxed under the basement bed was reasonably attributable to a teenaged son and created reasonable doubt as to the Smiths' possession of that specific firearm, requiring acquittal on that count.

Court Disposition

Guilty convictions on multiple counts: Shaun Smith convicted of possession of cocaine for the purpose of trafficking, possession of items intended to be used to traffic (s.7.1(1)(b) CDSA), possession of the crossbow while subject to a Prohibition Order, and convictions relating to firearms located in the seacan...

Orders

  • Conviction: Shaun Smith — possession of cocaine for the purpose of trafficking (CDSA)
  • Conviction: Shaun Smith — possession of anything intending that it will be used to traffic in a substance (s.7.1(1)(b) CDSA)