The accused was charged with two counts of possession of cocaine for the purpose of trafficking under s. 5(2) of the Controlled Drugs and Substances Act following execution of a search warrant at his apartment.
Police discovered 0.9 grams of crack cocaine in the accused’s bedroom and 5.2 grams of cocaine on the hallway floor, along with a digital scale bearing cocaine residue.
The court held that circumstantial evidence established the accused’s knowledge and possession of the bedroom cocaine but did not prove beyond a reasonable doubt that he possessed the hallway cocaine, as an equally plausible inference was that another occupant discarded it when police entered.
The Crown also failed to prove that the bedroom cocaine was possessed for the purpose of trafficking, as the small quantity and packaging were consistent with personal use by an admitted addict.
The accused was acquitted on both trafficking counts but convicted of the lesser included offence of simple possession relating to the bedroom cocaine.
