Crown appealing acquittal of man who said he didn't know selling Percocet was illegal - Action News
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Crown appealing acquittal of man who said he didn't know selling Percocet was illegal

Shane Leonard isn't out of the woods just yet, despite being found not guilty of trafficking drugs after saying he didn't know there was controlled substances in Percocet.

Shane Leonard was found not guilty last month with a defence of ignorance

Shane Leonard has been acquitted of conspiring to traffic oxycodone. (Mark Quinn/CBC)

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 lawyersTrevor Bridger and Elaine Reid have gone to Newfoundland and Labrador's Court of Appeals to ask a panel of judges to overturn Leonard'sacquittal.

"The trial judge erred in law in his application of the doctrine of willfulblindness," the notice of appeal reads.

Leonard admitted selling meds

Supreme Court Justice David Hurleygranted 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."

Percocet is not listed as a controlled substance in Canada since it is a brand name of medication. Contained within it is oxycodone, which is a controlled substance. (CBC)

Under Canadian law, the prosecution must be able to establishmens reaLatin 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 RCMP and RNC raided several locations around St. John's, including the Sports Bar on Boncloddy Street, as part of Project Bombard on Sept. 29, 2016. (Cec Haire/CBC)

The appeal filed on Tuesday contends Hurleyfailed to properly consider how ignorance of the law appliestomens reain 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 Hayleyand Thomas Snow were found guilty on drug trafficking charges.

Read more articles from CBC Newfoundland and Labrador