The accused pleaded guilty to possession of cocaine for the purpose of trafficking but not guilty to firearms-related offences.
Police seized a loaded prohibited handgun and ammunition from under the driver's seat of a vehicle the accused was operating.
The Crown sought to establish the accused's knowing possession of the firearm through circumstantial evidence.
The court found the police investigation incomplete, as the two other vehicle occupants who were released before the gun's discovery were never investigated or called as witnesses.
The court held that reasonable alternative inferences existed regarding who placed the gun under the seat, and the Crown failed to negate these reasonable possibilities beyond a reasonable doubt.
The accused was acquitted of the firearms offences but convicted of the drug trafficking charge.
