The appellant appealed a conviction for possession of a Schedule I substance (oxycodone) under s. 4(1) of the Controlled Drugs and Substances Act, arguing that the verdict was unreasonable and unsupported by the evidence.
The Crown’s case at trial was entirely circumstantial and relied on the discovery of oxycodone pills packaged in a cylindrical cellophane container near the appellant’s feet in a courthouse holding cell, alongside a broken condom in a toilet where the appellant had been seated.
The appellant argued that the trial judge failed to consider exculpatory evidence and misapprehended the evidence regarding the drug packaging and condom.
The court held that the trial judge properly assessed the totality of the circumstantial evidence and reasonably rejected the defence’s alternative hypothesis that the drugs had been left earlier by another inmate.
The appellate judge concluded that the evidence supported the inference that the appellant had concealed the drugs in a body cavity and removed them in the cell.
