Four accused were jointly charged with offences relating to a loaded firearm discovered in a vehicle in which they were occupants.
Two accused faced additional counts of transporting, possessing, and controlling the firearm and related ammunition offences.
After the Crown closed its case, all accused sought directed verdicts of acquittal on the basis that the Crown had failed to establish a prima facie case of knowledge or control of the firearm.
The court held that mere presence in a vehicle containing a firearm, coupled with nervous behaviour and seat movements, was insufficient to establish knowledge or control beyond a reasonable doubt, particularly where another unidentified occupant fled the vehicle from the seat where the firearm was located.
Concluding that the circumstantial evidence could not permit a properly instructed jury to find guilt beyond a reasonable doubt, the court granted directed verdicts and acquitted all accused.