APPEALS - Grounds - Unreasonable verdict - Substitution of verdict - Right of - By accused

Law360 Canada ( October 22, 2024, 2:40 PM EDT) -- Appeal by Mohamed against the trial judge's verdict finding him guilty of possession of cocaine for the purpose of trafficking. Mohamed argued that the trial judge erred in finding that he did not have standing to challenge the search warrant and that the only reasonable inference from the circumstantial evidence was that he possessed the cocaine. Furthermore, the verdict was unreasonable because there was no evidence that Mohamed knew about the cocaine. The police obtained an omnibus warrant to search multiple locations, including a house owned by Goodale, who was in a common-law relationship with Mohamed. During the search, the police found one ounce of crack cocaine concealed in the basement ceiling. Both Goodale and Mohamed were initially charged with possession for the purpose of trafficking. Goodale and Mohamed sought to exclude the evidence found at the house. Goodale's application was granted, but Mohamed's was dismissed, as the trial judge found that he did not have standing to challenge the search of Goodale's house. Consequently, the trial proceeded only against Mohamed, who was found guilty of the charge....
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