The accused was charged with possession of fentanyl for the purpose of trafficking.
He pleaded guilty to simple possession of oxycontin and cocaine, and guilty to simple possession of fentanyl (rejecting the Crown's trafficking charge).
The Crown did not accept the lesser plea and proceeded to trial on the trafficking count.
The case was circumstantial, based primarily on the quantity of fentanyl found (24 patches with a street value of $9,600 to $12,000).
The accused testified he purchased the fentanyl for personal use, claiming he was a severe addict consuming 3-4 patches daily.
The court found the accused's evidence unlikely but not incapable of belief, and determined that possession for personal use remained a reasonably available inference from the circumstantial evidence.
The court acquitted on the trafficking charge but convicted on simple possession of fentanyl and the other drug counts.
