to establish possession:
- M is accused with possession of cocaine for purpose of trafficking
- he was arrested at in his friend’s car because the cop smelled beer on his breath
- the cop found coke in his pocket and 252g in the car
- the accused maintains that he didn’t know it was there
- Ms. S was arrested and questioned, her testimony was not credible or reliable
- was M in possession of the cocaine?
- In order to establish accused was in possession with intention to traffic:
- 1. accused is in possession of coke
- 2. accused knew the substance he was in possession of was coke
- 3. the accused had possession of the coke for the purpose of trafficking
- (a) a person has anything in possession when he has it in his personal possession or knowingly
- (i) has it in the actual possession or custody of another person, or
- (ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
- (iii) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
- the accused had to have knowledge of cokes presence and measure of control over it
knowledge can be determined by direct or circumstantial evidence Ms. S testimony is the direct evidence, which isn’t goodIndirect includes:
- (1) that the accused was in possession and control of the car that contained the cocaine; (2) that he had the keys to the car for approximately three hours before his arrest; (3) that he was the sole occupant of the car at the time of the roadside stop; and (4) that he had cocaine in his pocket, which he admits knowledge and control of.
- Crown has not demonstrated beyond a RD that the accused possessed the coke