The appellant was convicted of possession of cocaine for the purpose of trafficking and possession of a loaded prohibited firearm after police found drugs and a gun in his apartment while he was asleep on the balcony.
On appeal, the Court of Appeal found that the trial judge committed two reversible errors.
First, the trial judge improperly reversed the burden of proof by holding that the appellant was legally deemed to be in possession of the contraband by virtue of his tenancy.
Second, the trial judge improperly devalued the appellant's credibility by misapprehending evidence to find a breach of the rule in Browne v. Dunn and by incorrectly concluding he was fed answers during examination-in-chief.
The appeal was allowed and a new trial ordered.
