Police observed a vehicle operated by KUQ traveling at an excessive rate of speed. Consequently, police conducted a traffic stop whereupon they detected a strong odor of fresh raw marijuana, observed several traces of a “green leafy substance” and hence believed that KUQ was in possession of marijuana. KUQ was arrested and during the course of a pat down search the police located on his person over $3,000.00 cash, 3 cellphones and a clear plastic baggie containing multiple pieces of crack cocaine. Police also seized an electronic scale from the driver’s side door as well as an additional 55.6 grams of crack cocaine and several bags of marijuana. According to the police, the 3 cellphones were constantly ringing. KUQ was charged with possession of cocaine for the purpose of trafficking, possession of cannabis marijuana for the purpose of trafficking and possessing proceeds of crime.
Patrick Fagan entered an election of trial by way of Queen’s Bench and scheduled a preliminary inquiry. At the preliminary inquiry Patrick Fagan was successful in killing the marijuana and proceeds charges. KUQ was committed to stand trial on a singular count – possession of cocaine for the purpose of trafficking.
BOTTOM LINE: A trial was held in Queen’s Bench and at the conclusion of those proceedings the trial Justice ruled that KUQ was not guilty of the much more serious charge of possession of cocaine for the purpose of trafficking. KUQ was found guilty of the lesser and included offence of simple possession of cocaine and the matter was dealt with by way of a fine.