The court convicted the defendant of possessing fentanyl for the purpose of trafficking based on the quantity, packaging, and circumstantial evidence.
The Ontario Court of Justice considered whether the possession of fentanyl by Kevin Coulter was for the purpose of trafficking under s. 5(2) of the Controlled Drugs and Substances Act.
The defendant pleaded guilty to two offences but contested the trafficking charge.
The court analyzed expert evidence, including discrepancies in the expert report and the defendant’s testimony about drug use and financial status.
The court found the quantity, packaging, and variety of drugs, along with possession of brass knuckles, supported the inference of trafficking.
The defendant’s inconsistent testimony and the circumstantial evidence led to a conviction for possession for the purpose of trafficking.
