R. v. Power

R. v. Power

On credibility and the totality of evidence the Crown proved beyond reasonable doubt that the accused possessed the SKS and 303 firearms while not licensed and while prohibited by probation, but failed to prove beyond reasonable doubt that the accused possessed the marihuana for trafficking; the defence of officially induced error failed because no error of law by the sentencing judge or advice from an appropriate official was established; overlapping counts were stayed under Kienapple.

Citation
2016 NSSC 75
Parties
Crown: Her Majesty the Queen; Defendant: Stephen James Power
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 March 2016
Procedural Posture
Criminal / Trial Judgment (judge Alone)
Outcome
Mixed: convictions on firearms and probation-breach counts; acquittals on trafficking counts; stays on overlapping possession counts; other counts dismissed by Crown earlier.
Legal Topics
Possession of Firearm Without Licence, Possession While Prohibited by Probation Order, Possession for Purpose of Trafficking, Officially Induced Error (s.113 Exemption), Probation Breach, Kienapple Principle, Credibility Assessment (w.(d.) Framework)
Source Language
English
Criminal Law Firearms Law Drug Offences Indigenous Law Procedural Law Possession of Firearm Without Licence Possession While Prohibited by Probation Order Possession for Purpose of Trafficking +4 more

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Parties

Her Majesty the Queen

Crown

Stephen James Power

Defendant

Procedural Posture

Criminal / Trial Judgment (judge Alone)

Legal Issues

  1. 1 Whether the accused possessed the SKS and 303 firearms knowing he lacked a licence or registration
  2. 2 Whether the accused possessed firearms and ammunition while prohibited by a probation order
  3. 3 Whether the marihuana seized was possessed for the purpose of trafficking

Ratio Decidendi

On credibility and the totality of evidence the Crown proved beyond reasonable doubt that the accused possessed the SKS and 303 firearms while not licensed and while prohibited by probation, but failed to prove beyond reasonable doubt that the accused possessed the marihuana for trafficking; the defence of officially induced error failed because no error of law by the sentencing judge or advice from an appropriate official was established; overlapping counts were stayed under Kienapple.

Court Disposition

Mixed: convictions on firearms and probation-breach counts; acquittals on trafficking counts; stays on overlapping possession counts; other counts dismissed by Crown earlier.

Orders

  • Convicted on counts 2, 3, 8, 9, 11 and 13 (firearms possession, possession while prohibited and probation breach)
  • Counts 5 and 6 (s.91(1) possession counts) stayed pursuant to Kienapple principle