The appellant appealed his conviction, arguing the trial judge erred by relying on hearsay evidence to conclude he had knowledge of the contents of a package.
The Crown conceded the error.
The Court of Appeal found the error was an important part of the trial judge's reasoning, rendering the proviso inapplicable.
However, because there was other evidence that might sustain a conviction, the verdict was not unreasonable.
The appeal was allowed and a new trial was ordered.
