The accused was charged with trafficking in a substance held out to be cocaine and possession of proceeds of crime.
An undercover officer conducted three drug transactions with the accused over several months, purchasing what the officer believed to be cocaine.
The substance from the final transaction tested negative for cocaine.
The court found that while the accused clearly sold a substance held out to be a narcotic and received proceeds from the transaction, the Crown failed to prove beyond a reasonable doubt that the substance was specifically held out to be cocaine, as neither party ever explicitly or implicitly referenced cocaine during any transaction.
The accused was acquitted of the trafficking charge but convicted of possession of proceeds of crime.
