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Circumstantial evidence did not prove the fatal drug mixture came from the accused.
The accused was tried for trafficking and unlawful act manslaughter arising from a fatal overdose allegedly caused by a same-day drug transaction.
The Crown's theory depended on proving that the particular mixture found in the deceased's wallet and blood — cocaine, fentanyl, and U-47700 — was the same substance sold by the accused.
Applying the circumstantial evidence framework, the court held that guilt was not the only reasonable inference because the evidence left open reasonable possibilities that the deceased obtained or consumed other drugs, particularly during an unobserved period before he was found unresponsive.
Although the court accepted the pathology evidence that acute toxicity from the detected substances significantly contributed to death, it was not proved beyond a reasonable doubt that the accused trafficked that particularized substance.
The accused was acquitted on both counts.
The accused was convicted of driving over 80 after consuming alcohol while stuck in her vehicle, failing to establish the statutory exception.
The accused, Jessica Werpny, was charged with impaired operation of a motor vehicle and operating with a blood alcohol concentration (BAC) over 80 mg per 100 ml of blood.
The key issues were whether the Crown could prove beyond a reasonable doubt that the accused was operating the vehicle and whether the accused could rely on the statutory exception under section 320.14(5) of the Criminal Code, which applies if alcohol was consumed after ceasing to operate the vehicle.
The court found that the accused remained in care and control of the vehicle and did not cease operating it, despite being stuck and consuming alcohol while seated in the driver's seat.
The presumption under section 320.35 applied and was not rebutted.
The accused was found guilty of the over 80 offence but not guilty of impaired operation, as the Crown failed to prove impairment beyond a reasonable doubt.
