The accused, Emily Rajczak-McGuigan, was charged with possession of methamphetamine for the purpose of trafficking and possession of proceeds of crime under $5,000.00.
Police found her unconscious in a vehicle with drugs and cash.
The accused testified that she possessed the drugs to overdose and end her life, not to traffic them, and provided alternative sources for the cash.
The court applied the principle of contemporaneity, requiring the mens rea (intention to traffic) to coincide with the actus reus (possession) at the material time.
The court accepted the accused's credible testimony that she intended to die by suicide and did not intend to traffic the drugs at the time of her discovery.
Consequently, the Crown failed to prove the intent to traffic beyond a reasonable doubt, and the accused was found not guilty on both charges.
