R. v. Taylor

R. v. Taylor

On the totality of admissible evidence — surveillance of a brief meeting, discovery of identically packaged methamphetamine in Gallagher's vehicle and Taylor's residence, the quantity (640 tablets), cash, expert opinion on packaging/quantities and the accused's admissions in his statement — the only reasonable inference is that Taylor trafficked and possessed methamphetamine for the purpose of trafficking; therefore Crown proved counts 1 and 2 beyond a reasonable doubt; accused guilty of possession of marijuana (lesser included offence).

Citation
2018 NSPC 41
Parties
Crown: Her Majesty the Queen; Accused: Walter Francis Taylor
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 July 2018
Procedural Posture
Criminal (controlled Drugs and Substances Act) / Trial Judgment (guilty Verdict)
Outcome
Accused found guilty of trafficking methamphetamine (s.5(1) CDSA) and possession of methamphetamine for the purpose of trafficking (s.5(2) CDSA); convicted of possession of marijuana (lesser included offence, s.4(1) CDSA).
Legal Topics
Trafficking, Possession for the Purpose of Trafficking, Search Warrant Validity, Voluntariness of Statement, Credibility Assessment, Circumstantial Evidence, Expert Opinion on Trafficking Indicia
Source Language
English
Criminal Law Controlled Substances Law Evidence Charter Law Trafficking Possession for the Purpose of Trafficking Search Warrant Validity Voluntariness of Statement +3 more

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Parties

Her Majesty the Queen

Crown

Walter Francis Taylor

Accused

Procedural Posture

Criminal (controlled Drugs and Substances Act) / Trial Judgment (guilty Verdict)

Legal Issues

  1. 1 Whether the Crown proved trafficking in methamphetamine beyond a reasonable doubt
  2. 2 Whether the Crown proved possession of methamphetamine for the purpose of trafficking
  3. 3 Admissibility and voluntariness of the accused's statement

Ratio Decidendi

On the totality of admissible evidence — surveillance of a brief meeting, discovery of identically packaged methamphetamine in Gallagher's vehicle and Taylor's residence, the quantity (640 tablets), cash, expert opinion on packaging/quantities and the accused's admissions in his statement — the only reasonable inference is that Taylor trafficked and possessed methamphetamine for the purpose of trafficking; therefore Crown proved counts 1 and 2 beyond a reasonable doubt; accused guilty of possession of marijuana (lesser included offence).

Court Disposition

Accused found guilty of trafficking methamphetamine (s.5(1) CDSA) and possession of methamphetamine for the purpose of trafficking (s.5(2) CDSA); convicted of possession of marijuana (lesser included offence, s.4(1) CDSA).

Orders

  • Found guilty of trafficking methamphetamine contrary to s.5(1) CDSA
  • Found guilty of possession of methamphetamine for the purpose of trafficking contrary to s.5(2) CDSA