Constable Andrew Harris

The accused was stopped for a traffic violation and subsequently arrested for failing a roadside screening device test.

A police officer found a bag containing 42.5 grams of cocaine on the ground near the passenger side of the accused's vehicle.

The Crown relied on circumstantial evidence to prove possession.

The court found that the evidence, including the dampness of the bag and the fact that the area was a busy intersection, did not establish beyond a reasonable doubt that the accused was the only person who could have possessed the drugs.

The accused was acquitted.

The accused was charged with possession of cocaine for the purpose of trafficking, and possession of heroin and methamphetamine, after police found him sleeping in an apartment where drugs were hidden.

The accused admitted to possessing a small amount of methamphetamine found next to him but denied knowledge of the other drugs.

The court applied the W.(D.) test and the rule for circumstantial evidence, finding that while the accused's testimony was partially compromised, the Crown failed to prove beyond a reasonable doubt that the only rational inference was that the accused had knowledge and control of the hidden drugs.

The accused was acquitted of the cocaine and heroin charges but convicted of methamphetamine possession.