Trial on charge of possession of cocaine for trafficking. Accused had agreed to accept a package delivered by mail for a friend. Package contained drugs. Accused testified and denied knowledge.
Held: Acquittal.
Accused’s evidence accepted. Wilful blindness “imputes knowledge to an accused whose suspicion is aroused to the point where he or she sees the need for further inquiries, but deliberately chooses not to make those inquires”: Briscoe, 2010 SCC 13. Accused was unsophisticated and immature, and was “caught up in a situation that quickly moved beyond his control.” Doubt raised regarding proof of wilful blindness.
A. Iovinelli, Defence Counsel