The appellant appealed his conviction for possession of marijuana for the purpose of trafficking, which occurred while he was an inmate at a jail.
The trial judge had convicted the appellant by rejecting his testimony and the exculpatory evidence of a correctional officer, while accepting the evidence of another officer.
The Court of Appeal found that the trial judge made several errors in assessing credibility, including misapprehending the record regarding the officer's use of notes, improperly using the appellant's failure to plead guilty to a separate charge, and misapplying expert testimony regarding the value of drugs in jail.
The appeal was allowed, the conviction set aside, and a new trial ordered.
