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A late-night ride in Brantford raised some suspicions late last week and now three men are facing drug charges. The three young men were charged with a variety of crimes, including possession of a controlled substance, possession of a controlled substance for the purpose of trafficking and possession of property obtained by crime under $5,000.
Members of the Brantford Police Service B.E.A.T. Unit say they smelled marijuana and saw something green in the vehicle as they approached a car they had stopped for driving suspiciously. Officers claim they found 44 grams of marijuana and 24 grams of cocaine in the car along with $1,000 in cash. While Brant News reports that all three young men have been charged, it does not indicate what evidence linked each individual man to a portion of the drugs.
Although the Crown may argue that it is obvious that three men in the same car would know that there are drugs in the car, just how common is it for a driver to ask each one of his or her passengers what they are carrying with them before they get in the car? At the same time, is it a passenger’s responsibility to inspect his or her driver’s car before agreeing to be driven somewhere? Can and should all three men be held criminally responsible for something that easily could have been only one of their fault’s?
It is important that these men’s criminal defence lawyers do what they can to create reasonable doubt. If the Crown can’t prove a link between each individual defendant and the drugs, it may not be able to successfully prosecute.
Source: Brant New, “Three face drug charges following traffic stop,” Feb. 4, 2014