The accused was charged with possession of methamphetamine for the purpose of trafficking after police executing a search warrant observed her at a window and later located a pink pencil case outside containing approximately 135 grams of methamphetamine packaged in multiple baggies.
The court accepted the evidence of a police officer who observed a flash of pink leaving the accused’s hand and later recovered the case below the apartment window.
Defence evidence asserting that a window screen made it impossible to throw the case outside was rejected as inconsistent and unreliable.
While the court was satisfied beyond a reasonable doubt that the accused possessed and knowingly discarded the drugs, the Crown failed to prove that the possession was for the purpose of trafficking, as there was no additional indicia of trafficking discovered during the search.
The accused was therefore convicted of simple possession but acquitted of possession for the purpose of trafficking.
