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Regina v. G.D. (2018)

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← More Drug Trafficking, Conspiracy, Possession of Drugs, and Related Offences success stories

Client found not guilty of possession for the purpose of trafficking in cocaine after four day trial. Police executed a search warrant at the client’s home. The home is a large 4 bedroom house where the client resided with her mother, brother and a tenant. Police found a substantial amount of cocaine in 19 packets hidden in a purse, in a bag inside an handbag of G.D. G.D. retained Joseph Neuberger as her defence counsel. Joseph Neuberger carefully reviewed the evidence and interviewed other occupants of the house. At trial, Joseph Neuberger argued that the drugs were secretly hidden. Not in plain view. There was no direct evidence of handling of the drugs. No finger prints. In fact a scale also found in the room was not tested for cocaine residue and Neuberger argued the scale would not support a finding of knowledge. There was no evidence that G.D. was involved in trafficking nor any evidence of a lavish lifestyle. Neuberger prepared the client to testify and she told the court that she had a full time job and was out of the home much of the week and weekend. Neuberger discovered a text message from one of the officers to G.D. brother sent after the search. The text had content that showed the brother knew about the cocaine but that is was not his sister’s. The text was not disclosed by the police. The text was used in cross examination to raise a theory that the brother secretly stashed the drugs in his sister’s bedroom. The room infact was always unlocked and other people coming to the house had access. Neuberger argued that there were other reasonable inferences consistent with innocence. After all while stash drugs in a room G.D. was often away from and had always left unlocked? After extensive argument the client was found not guilty of the charge.

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