Ignorance that Percocet contains oxycodone a 'unique defence,' says laywer

Shane Leonard's argument that he didn't know the prescription painkiller Percocet contains oxycodoneis a "unique defence,"according to a St. John's defence lawyer.

"It's something that probably most people say 'well,you know, you can just assume that because he hadPercocetthat he knew he hadoxycodone,'" said Erin Breen, a partner withSullivan Breen King.

"But obviously the defence lawyer in this case Mr.Lavers, who's a very senior lawyer saw a hole in the crown's case, and he went with it."

It paid off.

On Monday afternoon, Judge David Hurley acquittedLeonard, 32,ofa single charge of conspiring to traffic oxycodone.

Leonard, who police believehas ties with the Vikings Motorcycle Club, testified in court in December that he sold the Percocet, but that he didn't think he was breaking the law because he didn't know it containedoxycodone.

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Percocet is the brand name of the painkiller comprised of oxycodone and acetaminophen.

Leonardwas charged in 2016 as part of Project Bombard, a joint investigation by theRCMPand the RNC, which saw a number ofmencharged with drug offencesfollowing raids across the Avalon Peninsula.

Argument of ignorance

The acquittalhas sparked questions about how that can happen.

Section 19 of the Criminal Code of Canada states "ignorance of the law by a person who commits an offence is not an excuse for committing that offence."

But cases of drug trafficking, or conspiracy to traffic, can be a bit different.

"One of the things the Crown has to prove is, what did the accused person know?"Breen told CBC's On The Go.

"What was their knowledge of the substance they were dealing with? And, they have to be able to prove beyond a reasonable doubt that the person knew that the drug was a controlled substance."

Leonard was only facing one charge, which specified onlyoxycodone.

"Percocet is just a brand name," said Breen.

"So what Mr. Leonard here said, I understand, is that 'I knew it was Percocet, but I didn't know Percocet contained the controlled substance.' So the charge is for his agreement to commit the illegal act of selling oxycodone, which he said he did not know he was doing."

In terms of selling prescription drugs, Breen saidit depends on whether they're considered regulated, or listed under the Controlled Drugs and Substances Act.

Meanwhile, the crown has 30 days to appeal the decision.

Breensaidshe would be shocked if they didn't, and expects the Court of Appeal to rule on the matter.

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