Court of Appeal for Ontario
Date: 2017-09-11 Docket: C62027
Judges: Laskin, Trotter and Fairburn JJ.A.
Between
Her Majesty the Queen Respondent
and
Gurpreet Singh Sandhu Appellant
Counsel
Melina Macchia, for the appellant
Concetta Zary, for the respondent
Heard and released orally: September 11, 2017
On appeal from the conviction entered on December 18, 2015 by Justice Robert Gee of the Ontario Court of Justice, sitting without a jury.
Reasons for Decision
[1]
Overview
Mr. Sandhu was convicted of possession of cocaine for the purpose of trafficking. The principal issue at trial was whether Mr. Sandhu's knowledge could be inferred from the circumstantial evidence. The trial judge found beyond a reasonable doubt that the apartment was Mr. Sandhu's residence and that he had knowledge of and control over the cocaine in the freezer.
[2]
Analysis
On appeal Mr. Sandhu submits that the verdict was unreasonable. He contends that one could reasonably infer that the apartment was his wife's home and that she alone had knowledge of the cocaine. We do not accept Mr. Sandhu's submission.
3The test we must apply is whether it was reasonable for the trial judge to conclude that the evidence as a whole excluded all reasonable alternatives to guilt. In our view it was reasonable. We rely on the following pieces of evidence:
- Mr. Sandhu's presence in the apartment with his three year old daughter, who obviously lived there;
- His telephone call to his wife to come home and take care of their daughter; and
- The amount of cocaine, which was easily seen in the freezer.
4To paraphrase Justice Watt in R. v. Pannu it is a reasonable inference that such a valuable amount of drugs would not be entrusted to anyone who did not know about them or where they were located.
[5]
Disposition
The appeal therefore is dismissed.
"John Laskin J.A."
"G.T. Trotter J.A."
"Fairburn J.A."
