Sgt. Rodney Gray

The appellant appealed her conviction for importing opium and sought leave to appeal her sentence.

The conviction appeal was based on alleged errors in jury instructions regarding the weight of opium evidence and the W.(D.) instruction.

The sentence appeal argued the amount of opium was not "substantial" and that a conditional sentence was appropriate.

The Court of Appeal dismissed both the conviction and sentence appeals, finding no errors in the trial judge's handling of evidence or jury instructions, and upholding the sentence as fit.

The Crown sought to admit evidence from Sgt. Rodney Gray regarding the quantified weight of opium extracted from felt cloths, which Health Canada could not determine.

Sgt. Gray performed an experimental process involving rinsing the cloths in warm water and boiling the rinse water to obtain a residue he identified as opium.

The defence argued this constituted expert evidence for which Sgt. Gray was not qualified.

The court determined that the experimental methodology and the interpretation of its results were beyond ordinary human experience, thus qualifying as expert evidence.

Given Sgt. Gray's lack of scientific background and the unverified nature of his methodology, his proposed testimony was ruled inadmissible.