The Crown appealed the respondents' acquittals on drug charges, which were entered following a directed verdict.
The Crown argued the trial judge erred in finding there was no evidence upon which a properly instructed trier of fact could convict.
The Court of Appeal agreed, finding that while the demeanour evidence was weak, the inference of knowledge from the presence of drugs in the unlocked trailer was not unreasonable.
The court held that weighing such inferences is for the trier of fact at the conclusion of all evidence.
The appeal was allowed and a new trial ordered.
