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

[1] The 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.

[2] We apply the proviso. The other factors considered by the trial judge establish beyond a reasonable doubt the appellant was in possession of the cocaine.

[3] The appeal is dismissed.