Supreme Court

Judge:

The Honourable Justice Allan P. Boudreau

Heard:

Oral Decision:  

May 29, 2014, in Halifax, Nova Scotia

May 29, 2014

Subject:

Burden of Proof

Summary:

Steven Charles Emmerson is charged on a four count indictment dated February 14, 2013; that, on November 5, 2010 he had in his possession the following drugs for the purpose of trafficking;

Count #1 – Cannabis Resin

Count #2 -  Hydromorphone

Count #3 – Morphine

Count #4 -  Diazepam (or valium)

There is no evidence that “hydromorphone” was found in Mr. Emmerson’s possession, therefore, as directed by both the Crown and defence, a verdict of not guilty is entered on

count 2.

The only issue is whether the Crown has proven beyond a reasonable doubt that he had those drugs in his possession for the purpose of trafficking.

The drugs were found in three condom packages inserted in the accused’s rectum. 

Issues:

(1)        Has the Crown proven beyond a reasonable doubt that the accused possess the drugs for the purpose of trafficking?

Result:

Accused testified and denied that he possessed the drugs for the purpose of trafficking in the Burnside Jail.  Accused found guilty.