G. Roberts

The accused was charged with possession of a prohibited firearm, ammunition, cocaine, and marijuana following a search of his bedroom.

He admitted possession of the drugs and some ammunition but denied knowledge of a sawed-off rifle found in a knapsack in his closet.

The court rejected the accused's testimony, finding it riddled with coincidences and contradicted by his mother's evidence.

Applying the test for constructive possession and circumstantial evidence, the court concluded the only reasonable inference was that the accused knew about the valuable firearm hidden in his closet.

The accused was convicted on all counts.

The applicant sought certiorari to quash his committal to stand trial for first degree murder following a preliminary inquiry.

The Crown's case was entirely circumstantial, relying on motive, opportunity, and after-the-fact conduct.

The reviewing court applied the test for committal, assessing whether there was any evidence upon which a properly instructed jury could reasonably convict.

The court found that the combined evidence of the accused's motive, presence in the building, and attempts to conceal his identity was reasonably capable of supporting an inference of guilt.

The application for certiorari was dismissed.