Court File and Parties

Court of Appeal for Ontario Date: 20231012 Docket: COA-23-CR-0093

Before: Fairburn A.C.J.O., MacPherson and Zarnett JJ.A.

Between: His Majesty the King Respondent

And: Paul Mitchell Weima Appellant

Counsel: Paul Mitchell Weima, acting in person Andrew Furgiuele, appearing as duty counsel Kelvin Ramchand, for the respondent

Heard and released orally: October 3, 2023

On appeal from the conviction entered by Justice John Sproat of the Superior Court of Justice, dated October 21, 2022, and on appeal from the sentence entered on December 22, 2022.

Reasons for Decision

[1] The appellant was convicted of two counts of possession of a Schedule I substance for the purpose of trafficking. He argues that the trial judge erred by treating proximity and the appellant’s customary use of the bedroom where the drugs, methamphetamine and fentanyl, were found in plain view as a proxy for his possession of the drugs. We disagree.

[2] The trial judge carefully reviewed all of the evidence and gave clear reasons as to how he arrived at the conclusion that the Crown had proven beyond a reasonable doubt that the appellant was in possession of the drugs.

[3] He rejected other possibilities as unreasonable and speculative and gave reasons for that rejection.

[4] It is not this court's function to retry the case.

[5] The conviction appeal is dismissed. The sentence appeal is dismissed as abandoned.

“Fairburn A.C.J.O.”

“J.C. MacPherson J.A.”

“B. Zarnett J.A.”