R. v. Garnett (J.C.), 2016 NSSC 131

• Judge: Campbell, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 26, 2016
• Jurisdiction: Nova Scotia
• Citations: 2016 NSSC 131;(2016), 374 N.S.R.(2d) 125 (SC)

R. v. Garnett (J.C.) (2016), 374 N.S.R.(2d) 125 (SC);

      1178 A.P.R. 125

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. MY.040

Her Majesty the Queen v. Jacqueline Christine Garnett

(Hfx No. 424178; 2016 NSSC 131)

Indexed As: R. v. Garnett (J.C.)

Nova Scotia Supreme Court

Campbell, J.

May 26, 2016.

Summary:

The accused's common law husband was a high-level drug dealer convicted of trafficking and sentenced to nine years' imprisonment. The husband had a lengthy criminal record for drug trade activities. The accused was charged with eight offences related to possession of the proceeds of crime or money laundering. The Crown alleged that the accused either knew that her and her husband's lifestyle was funded by illegally obtained monies or that she was wilfully blind to the illegal source of monies that supported them.

The Nova Scotia Supreme Court found the accused guilty of money laundering and possession of property derived from the proceeds of crime. The six charges respecting specific items of property were stayed.

Criminal Law - Topic 1981.2

Offences against property - Possession or laundering of proceeds of crime - Intention or mens rea - The accused's common law husband was a high-level drug trafficker convicted of trafficking and sentenced to nine years' imprisonment - The husband had a lengthy criminal record for drug trade activities, which was the dominant source of the family's income - The accused was charged with eight offences related to possession of the proceeds of crime or money laundering - The Crown alleged that the accused either knew that her and her husband's lifestyle was funded by illegal activities or that she was wilfully blind to the illegal source of monies that supported them - The accused professed no knowledge of her husband's illegal activities notwithstanding evidence to the contrary, including comments to the police and others - The Nova Scotia Supreme Court held that the accused was neither unsophisticated nor unintelligent - The accused and husband lived together for years - The husband was repeatedly involved in the drug trade, associated with unsavoury characters and was involved in illegal schemes - He chose that lifestyle over the accused each time despite her protestations - She knew he did not have a regular job, but the money kept coming in - The accused recognized the husband's involvement in illegal activities, but chose to stay and live off the benefits - The accused either knew or was suspicious that monies coming into the household had an illegal source - The accused made a conscious decision not to "know" more about the source of the monies - The court found the accused guilty of money laundering and possession of property derived from the proceeds of crime - The six charges respecting specific items of property were stayed.

Counsel:

David Schermbrucker and Suhanya Edwards, for the Crown;

Luke Craggs, for the accused.

This matter was heard on April 18-21 and 25, and May 2-4 and 6, 2016, at Halifax, N.S., before Campbell, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on May 26, 2016.