The Crown applied for certiorari to quash a preliminary inquiry judge's order discharging the accused on charges of possession of methamphetamine for the purpose of trafficking.
The accused was a passenger in a vehicle where a bag containing two kilograms of methamphetamine was found.
The reviewing court held that the preliminary inquiry judge committed jurisdictional error by weighing competing inferences rather than drawing the inference most favourable to the Crown regarding joint possession, and by failing to consider the whole of the circumstantial evidence.
The application was granted, the discharge quashed, and mandamus issued directing committal for trial.
