Crown appealing acquittal of man who said he didn't know selling Percocet was illegal
Shane Leonard was found not guilty last month with a defence of ignorance
A Supreme Court judge was satisfied Shane Leonard truly didn't know selling Percocet was illegal, but now prosecutors are asking for a second opinion.
Crown lawyers Trevor Bridger and Elaine Reid have gone to Newfoundland and Labrador's Court of Appeals to ask a panel of judges to overturn Leonard's acquittal.
"The trial judge erred in law in his application of the doctrine of willful blindness," the notice of appeal reads.
Leonard admitted selling meds
Supreme Court Justice David Hurley granted the 32-year-old Leonard his freedom on Feb. 11, after a trial that saw the defence take a unique strategy.
Leonard testified in his own defence, saying he was prescribed as many as six Percocets a day and sold his medication "most of the time."
Under Canadian law, the prosecution must be able to establish mens rea — Latin for "guilty mind" —, which means the accused had knowledge they were committing a crime.
Leonard testified he didn't know the chemical composition of Percocet, or that it contained the controlled substance oxycodone.
As a result, Hurley ruled the Crown didn't prove its case.
The appeal filed on Tuesday contends Hurley failed to properly consider how ignorance of the law applies to mens rea in this case.
In an agreed statement of facts entered at his trial, Leonard admitted to selling the drugs, and to having connections to other men accused of being members of the Vikings motorcycle club.
He was arrested on Sept. 29, 2016, as part of Project Bombard, which swept up several suspected members of the biker club.
Four other alleged members — Vincent Leonard Jr., Joseph McIntyre, Allister Hayley and Thomas Snow — were found guilty on drug trafficking charges.
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