Carter J
```html 1 IN THE GRAND COURT OF THE CAYMAN ISLANDS 2 CRIMINAL SIDE 3 4 5 6 7 8 9 10 11 12 13 INDICTMENT NO：69-71/2019 14 15 16 17 18 THE QUEEN 19 20 v. 21 22 SANDRA MILENA WOODMAN (nee VASCO PINEDA) 23 ANDRE CAROLL WOODMAN 24 25 26 27 28 Appearances： 29 Ms. Toyin Salako for the Crown 30 31 Mr. Oliver Grimwood of Barton Attorneys for the 32 Defendants 33 34 35 Before： 36 Justice Marlene I. Carter (Actg.) 37 38 39 40 41 42 HEADNOTE 29 Criminal Law - Attempting to Remove Criminal Property 30 - Trial by Judge Alone - Application to exclude evidence. 31 32 33 34 35 ON APPLICXCLUDE D 36 RUG EVID 37 RULING CATION TOENCE 38 39 40 41 42 Judgment on Application to Exclude Drug Evidence：R v Woodman (Sandra Milena) (nee Vasco Pineda) and Woodman (Andre Caroll) Carter J. (Actg.) Date：14th September 2020 Page 1 of 5 ```
```html 1 APPLICATION 2 3 1. The defendants have applied to exclude evidence of any reference to the trace amounts of cocaine 4 found on each of two scales seized from the defendants’ premises upon search of those premises 5 on the 3rd of August 2018 in the execution of a search warrant. 6 7 2. The application is made pursuant to s.40 of the Evidence Law which states: 8 9 10 11 “Nothing in this section derogates from the power of a court in any criminal proceedings to disallow evidence otherwise admissible which, in the opinion of such court, would, if allowed, operate unfairly against an accused person.” 12 13 14 3. Counsel for the defendants submits that upon the allegation of possession of criminal property, 15 the sole count on the indictment, the Crown relies on several bases upon which to prove its case 16 one of these being that Mr. and Mrs. Woodman are involved in the sale of drugs for profit, and 17 the cash seized, it is likely, represents that profit. 18 19 4. Counsel submits that: “It is axiomatic that simple possession of a drug would not generate profit.” Counsel pointed to the fact that the offences that the defendants face in the summary court which, 21 pursuant to s.88A of the Criminal Procedure Code (2019 Revision), were committed to the Grand 22 Court ‘on the back of the indictment’ include allegations of simple possession of ganja, and 23 possession with intent to supply ganja. There are also charges relating to the traces of cocaine and 24 the Crown have chosen to reflect that criminality by a charge of simple possession. 25 26 5. Counsel submits that, because neither defendant faces any charge of Being Concerned in the 28 Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the Supply of Cocaine, it is implicit that either was concerned that the 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```html 1 6. He submitted that the evidence of cocaine on the scales does not go to inform the trier of fact 2 about the core issue in the case, that issue being whether the cash represents the benefit of criminal 3 conduct, in this case, profits from the sale of drugs. For this reason, counsel contends that the 4 evidence of the traces of cocaine is not relevant, and, that to invite the trier of fact to conclude that 5 the traces could only be from the preparation of cocaine for sale for profit was only to invite 6 speculation. 7 8. Counsel went further to state that the evidence of the traces of cocaine would not assist in 9 establishing the likely origin of the cash seized and, that it provides only scant evidence to support 10 any assertion that hard drugs were being sold for profit. 11 12 13 14 15 16 Crown Counsel in response noted that the defendants are before this court charged only with the 17 18 19 20 21 22 23 24 1 count on the indictment and invited the court to consider that the s.88A charges are not at the 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774</
```html 11. I do not find the fact that the defendants were not charged with the offences relating to the supply of cocaine - that is, either Being concerned in the supply of cocaine or Possession of Cocaine with intent to supply cocaine - has much bearing on the relevance or admissibility of the evidence of the two scales seized and the traces of cocaine found thereon. The decision not to bring charges of offences relating to the supply of cocaine against the defendants in the Summary Court is not a relevant consideration in relation to whether this evidence of the scales and cocaine traces, which is otherwise admissible, would operate unfairly against these defendants in relation to the single count on the Indictment. 12. As Counsel for the defendants has submitted: The test of admissibility is relevance. The court is being asked to find whether the Crown has presented sufficient evidence that the monies seized are the product of criminal conduct - proceeds of the supply of drugs. The evidence that the defendants seek to exclude concerns drugs and equipment associated with drugs by dint of the traces of cocaine found thereon. 13. I find that that evidence is relevant. I do not find that there is any prejudice that could be attached to that finding that would operate unfairly against these defendants. Defence submissions relating to the danger of speculation arising from the inability of the trier of fact to properly appreciate distinctions between admissibility of such evidence, the weight to be attached to it and the manner in which it may be used in furtherance of the Crown's case, are considerably lessened by the absence of a jury in this case. ``` This is a faithful transcription of the page, using Markdown for headings and paragraph structure, HTML for tables, and LaTeX for math. The content is taken directly from the image provided.
```html 14. Accordingly, the application to exclude the evidence of the two scales and the traces of cocaine 2 found thereon is denied. 3 4 5 6 7 Dated this 14th day of September 2020. 8 9 10 Madam Justice Marlene I. Carter 11 Judge of the Grand Court (Acting) ``` ```latex \documentclass{article} \usepackage{geometry} \usepackage{graphicx} \usepackage{hyperref} \usepackage{amsmath} \section{Judgment on Application to Exclude Drug Evidence: R v Woodman (Sandra Milena) (nee Vasco Pineda) and Woodman (Andre Caroll)} \begin{table}[h] \centering \begin{tabular}{|c|c|} \hline
& Accordingly, the application to exclude the evidence of the two scales and the traces of cocaine \\ 2 & found thereon is denied. \\ \hline \end{tabular} \end{table} \begin{table}[h] \centering \begin{tabular}{|c|c|} \hline 7 & Dated this 14th day of September 2020. \\ \hline 8 & \\ \hline 9 & \\ \hline 10 & Madam Justice Marlene I. Carter \\ \hline 11 & Judge of the Grand Court (Acting) \\ \hline \end{tabular} \end{table} \begin{table}[h] \centering \begin{tabular}{|c|c|} \hline \multicolumn{2}{|c|}{\textbf{GRAND COURT}} \\ \hline \multicolumn{2}{|c|}{\textbf{CHAMAN ISLANDS GOVERNMENT}} \\ \hline \multicolumn{2}{|c|}{\textbf{01/20}} \\ \hline \end{tabular} \end{table} \begin{table}[h] \centering \begin{tabular}{|c|c|} \hline \multicolumn{2}{|c|}{\textbf{Judgment on Application to Exclude Drug Evidence: R v Woodman (Sandra Milena) (nee Vasco Pineda) and Woodman (Andre Caroll)}} \\ \hline \multicolumn{2}{|c|}{\textbf{Carter J. (Actg.). Date: 14th September 2020}} \\ \hline \multicolumn{2}{|c|}{\textbf{Page 5 of 5}} \\ \hline \end{tabular} \end{table}