The accused was charged with four counts of possession of a controlled substance for the purpose of trafficking and one count of possession of property obtained by crime.
A fanny pack containing drugs was found under the front seat of a vehicle during a traffic stop, positioned under the accused's legs.
The accused denied knowledge of or control over the fanny pack.
The court applied the test from R. v. Villaroman, finding that while the accused's guilt was a reasonable inference based on proximity to the drugs, possession of cash, two cell phones, and suspicious travel circumstances, the court had to determine if this was the only reasonable inference.
The court rejected the accused's testimony as implausible and inconsistent, rejected the defence theory that drugs could have been left by another dealer, and rejected the theory that the drugs belonged to the driver.
The court found the only reasonable inference was that the accused possessed the drugs for trafficking purposes and convicted on all charges.
