The Crown charged two accused jointly with two counts of possession of cocaine for the purpose of trafficking and possession of proceeds of crime, with the first accused facing an additional count.
At a preliminary inquiry, both accused contested committal, arguing insufficient evidence of knowledge and control.
The court applied the test from R v Arcuri, examining circumstantial evidence including extensive police surveillance of hand-to-hand transactions, large quantities of cash and drugs found in a locked apartment, drug paraphernalia, and documentary evidence linking both accused to the premises.
The court found sufficient evidence to commit both accused to trial on the joint possession counts and the first accused on the additional count.
