The Crown applied for an order of certiorari to quash a preliminary inquiry judge's decision discharging the accused on firearm possession charges.
The Crown argued the judge committed a jurisdictional error by failing to consider the whole of the evidence and by drawing an inference favourable to the accused.
The Superior Court dismissed the application, finding that while the preliminary inquiry judge made an error of law regarding the need for 'exclusive possession', it was not a jurisdictional error.
The judge's conclusion on the sufficiency of the circumstantial evidence was within his jurisdiction and not reviewable by certiorari.
