The accused were jointly charged with possession of cocaine and crack cocaine for the purpose of trafficking, firearms offences, and possession of proceeds of crime following a police investigation and search warrants executed at an apartment and a vehicle.
The Crown relied on surveillance evidence and constructive possession to link the accused to the drugs and a shotgun found in the apartment.
The court applied the W.D. framework to assess credibility, finding the first accused's testimony unreliable and convicting him of the drug, proceeds of crime, and breach of probation charges, but acquitting him of the firearms charges due to lack of knowledge.
The second accused was acquitted of all charges due to insufficient evidence of knowledge and control.
