Court of Appeal for Ontario
Date: 2017-02-09 Docket: C62145
Judges: MacPherson, Juriansz and Rouleau JJ.A.
Between
Her Majesty the Queen Respondent
and
Raymond Lincoln Appellant
Counsel
Raymond Lincoln, acting in person Michael Dineen, duty counsel Hafeez S. Amarshi, for the Crown
Heard: February 7, 2017
Appeal
On appeal from the conviction entered on May 4, 2016 by Justice Gregory P. Rodgers of the Ontario Court of Justice.
Appeal Book Endorsement
1The trial judge found the appellant was in possession of cocaine found concealed under the driver's seat of the car he was driving. The Crown concedes that in reaching that finding the trial judge should not have taken into account that the appellant was in the presence of a person known as an active member of the drug trade.
2We apply the proviso. The other factors considered by the trial judge establish beyond a reasonable doubt the appellant was in possession of the cocaine.
3The appeal is dismissed.