Conviction appeal on drugs and weapons offences. Vehicle stop. Drugs found in accused’s pocket. Accused testified on the voir dire. Credibility contest between accused and police, as police testified that the drugs were revealed in plain view as the accused pulled his hand out of his pocket.
Held: Appeal dismissed.
Trial judge rejected the accused’s evidence that he was directed or commanded by police to empty his pockets. The trial judge’s reasons were not “ideal”, and he referred to the W(D) standard, notwithstanding that the trial was being conducted in a voir dire, where the burden of proof was on a balance of probabilities. “However, it is clear from a plain reading of the reasons that follow, the trial judge considered all of the evidence offered in the voir dire and accepted the officers’ over the appellant’s on the key issues.”
P. Milczarek – Defence Counsel