The Crown appealed a youth court acquittal on a charge of trafficking in a substance represented or held out to be cocaine.
The trial judge erred in holding that the Crown was required to prove that the substance was not in fact cocaine.
Applying the authorities on held-out substances, the court held that the actus reus is the sale of something represented to be a controlled substance, and that the actual identity of the substance is immaterial.
The evidence amply supported that the respondent held out the substance as cocaine.
The acquittal was set aside, a finding of guilt was entered, and a one-year probation disposition was imposed.
