A. Kenawy

The accused was charged with importing cocaine after returning to Canada from Jamaica with a suitcase containing over two kilograms of cocaine hidden in a false bottom.

The sole issue at trial was whether the accused knew she was importing a controlled substance.

The accused testified that she was a 'blind courier' who had been given the suitcase by her boyfriend to transport fish and fruit, unaware of the hidden drugs.

Applying the W.(D.) framework, the court did not believe the accused's testimony but found that the evidence as a whole, including her lack of sophistication and the circumstantial evidence, left a reasonable doubt.

The accused was acquitted.

The accused was charged with sexually assaulting the complainant following a drug deal gone wrong.

Both the accused and the complainant were crack cocaine users and provided conflicting accounts of the events, with the accused denying the assault and claiming a panic attack prevented consensual sex.

The court applied the W.(D.) framework to assess credibility and found significant reliability issues with both principal witnesses' testimonies, including inconsistencies in the complainant's account and delayed disclosure.

Ultimately, the court concluded the evidence was sufficiently unreliable to prove the allegations beyond a reasonable doubt, resulting in an acquittal.