The appellant, Nicholas Jenkins, appealed his conviction for drug trafficking and possession for the purpose of trafficking.
The appeal centered on the trial judge's error in admitting lay opinion evidence from five police surveillance officers, who opined that the appellant's observed conduct was consistent with drug trafficking.
The Court of Appeal found this evidence inadmissible as neither expert nor proper lay opinion.
The court declined to apply the curative proviso, emphasizing the heightened risk of prejudice in a jury trial, the prominence of the inadmissible evidence, and the lack of an overwhelming case against the appellant.
A new trial was ordered.
