The appellant was convicted of possession of fentanyl for the purpose of trafficking after police found drugs in the trunk of a vehicle he had rented and was driving.
On appeal, he argued the verdict was unreasonable because the evidence was circumstantial and did not conclusively tie him to the drugs, and that the trial judge erred in instructing the jury on the absence of evidence.
The Court of Appeal dismissed the appeal, finding that the appellant's control over the rental vehicle and the location of the drugs supported a reasonable inference of constructive possession.
The Court also held that the jury charge, read as a whole, adequately instructed the jury on reasonable doubt and circumstantial evidence.
