The defendant, Tiffany Skye Johnson, was charged with three drug offences: possession of Fentanyl for the purpose of trafficking, possession of Methamphetamine for the purpose of trafficking, and possession of proceeds of crime.
She pleaded guilty to the Methamphetamine and proceeds charges.
The trial proceeded solely on the Fentanyl trafficking charge.
The court applied the R. v. W.(D.) credibility analysis to the defendant's testimony.
Despite expert evidence suggesting trafficking intent based on the quantity of Fentanyl and associated paraphernalia, the court found the defendant's explanation for personal use, bulk purchase for cost efficiency, and necessity to carry drugs due to homelessness and distrust to be plausible and credible.
This created a reasonable doubt regarding the intent to traffick Fentanyl.
Consequently, the defendant was acquitted of possession of Fentanyl for the purpose of trafficking but convicted of the lesser included offence of simple possession of Fentanyl.
