Court found that no reasonable jury, properly instructed, could infer knowledge and control in this case where the accused was never seen to enter the apartment.
[REDACTED] Ontario Court of Justice, Provincial Division
Her Majesty The Queen
[REDACTED], for Crown.
[REDACTED], for Accused.
A search warrant was executed by the police at an apartment. Approximately 32 grams of cocaine, as well as money and cellular phones and pagers were found inside. Also found in the apartment was an unused cheque book, a 1995 Federal Government Income tax Blank return, and an Ontario vehicle registration permit, all with the accused's name on them. The accused had never been seen to enter the apartment. At the preliminary hearing, the Court found that no reasonable jury, properly instructed, could infer knowledge and control from the simple fact of the documents being under the mattress in the same room as the cocaine and the paraphernalia. As a result, the accused was discharged on all three counts.