R. v. Downey

R. v. Downey

The Crown failed to prove beyond a reasonable doubt that either accused was the person who hid the weapons: Laraque's distant, brief observation and suggestive post-arrest and pretrial viewings rendered his identification unreliable; although Gibson reliably identified Downey as one of the men chased into Sobey’s, there was no cogent nexus linking that person to the weapons recovered and no forensic link; consequently Beals could not be said to have constructive possession and Downey could not be proved guilty of the weapons offences; only proven breaches of recognizance by Downey were established.

Citation
2011 NSPC 57
Parties
Prosecution: Her Majesty The Queen; Defendant: Shawntez Neco Downey; Defendant: Landrel C. Beals
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 August 2011
Procedural Posture
Criminal / Trial Decision
Outcome
Landrel C. Beals acquitted on all counts; counts 7 and 8 stayed; counts 5,6,13,14 dismissed for want of prosecution; Shawntez Neco Downey acquitted of all weapons and vehicle-related counts and counts 7 and 8 stayed; counts 5,6,13,14 dismissed for want of prosecution; Downey convicted on counts 18 and 19 for...
Legal Topics
Identification Evidence, Constructive Possession, Post Offence Conduct, Breach of Recognizance, Stay of Proceedings, Forensic Evidence
Source Language
English
Criminal Law Evidence Firearms Law Identification Evidence Constructive Possession Post Offence Conduct Breach of Recognizance Stay of Proceedings +1 more

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Parties

Her Majesty The Queen

Prosecution

Shawntez Neco Downey

Defendant

Landrel C. Beals

Defendant

Procedural Posture

Criminal / Trial Decision

Legal Issues

  1. 1 Whether the Crown proved identification of the person who hid the firearms beyond a reasonable doubt
  2. 2 Whether the Crown proved possession or constructive possession of firearms by each accused
  3. 3 Whether post-offence conduct and flight supplied a nexus to the weapons offences

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that either accused was the person who hid the weapons: Laraque's distant, brief observation and suggestive post-arrest and pretrial viewings rendered his identification unreliable; although Gibson reliably identified Downey as one of the men chased into Sobey’s, there was no cogent nexus linking that person to the weapons recovered and no forensic link; consequently Beals could not be said to have constructive possession and Downey could not be proved guilty of the weapons offences; only proven breaches of recognizance by Downey were established.

Court Disposition

Landrel C. Beals acquitted on all counts; counts 7 and 8 stayed; counts 5,6,13,14 dismissed for want of prosecution; Shawntez Neco Downey acquitted of all weapons and vehicle-related counts and counts 7 and 8 stayed; counts 5,6,13,14 dismissed for want of prosecution; Downey convicted on counts 18 and 19 for...

Orders

  • Counts 7 and 8 stayed against both accused
  • Counts 5 and 6 dismissed for want of prosecution