The accused was tried on one count alleging possession of cocaine for the purpose of trafficking after police executing search warrants found cocaine and cash in a locked black box inside a rear apartment.
The Crown's case rested entirely on circumstantial evidence, including keys found in an upstairs apartment, photographs on a phone, text messages, and evidence suggestive of trafficking in the upstairs unit.
Applying the circumstantial evidence framework and the principles governing constructive and joint possession, the court held that the evidence did not establish beyond a reasonable doubt that the accused had the requisite knowledge of, or control over, the contents of the black lock box.
The evidence was equally consistent with the rear apartment occupants having sole possession and control.
An acquittal was entered on count 2.
