R. v. Ernst

R. v. Ernst

On the accepted direct evidence of Hyslop together with the backpack containing the defendant's personal items, the fact no one else had access, and uncontroverted expert evidence about quantity, packaging and cash handling, the only reasonable inference was that the defendant knew of and controlled the contents and intended them for trafficking; therefore the Crown proved possession and trafficking beyond a reasonable doubt.

Citation
2005 NSPC 10
Parties
Crown: R.; Defendant: Shea Patrick Samuel Ernst
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 April 2005
Procedural Posture
Criminal / Guilty Verdict (provincial Court)
Outcome
Defendant found guilty on all counts
Legal Topics
Possession for Purpose of Trafficking, Constructive Possession, Joint Possession, Possession of Proceeds of Crime, Circumstantial Evidence
Source Language
English
Criminal Law Drug Offences Property Offences Possession for Purpose of Trafficking Constructive Possession Joint Possession Possession of Proceeds of Crime Circumstantial Evidence

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Parties

R.

Crown

Shea Patrick Samuel Ernst

Defendant

Procedural Posture

Criminal / Guilty Verdict (provincial Court)

Legal Issues

  1. 1 Whether the defendant had possession of the drugs and cash found in the backpack
  2. 2 Whether the possession was for the purpose of trafficking
  3. 3 Whether the cash constituted proceeds of crime

Ratio Decidendi

On the accepted direct evidence of Hyslop together with the backpack containing the defendant's personal items, the fact no one else had access, and uncontroverted expert evidence about quantity, packaging and cash handling, the only reasonable inference was that the defendant knew of and controlled the contents and intended them for trafficking; therefore the Crown proved possession and trafficking beyond a reasonable doubt.

Court Disposition

Defendant found guilty on all counts

Orders

  • Defendant found guilty of possession of cannabis for the purpose of trafficking (Controlled Drugs and Substances Act s.5(2)), possession of cocaine for the purpose of trafficking (Controlled Drugs and Substances Act s.5(2)), and possession of property obtained by crime (Criminal Code s.355(b)).