PROCEDURE - Trial judge’s duties - Charge or directions

Law360 Canada (August 24, 2022, 5:24 AM EDT) -- Appeal by Safronii from her conviction, by a jury, for importing opium and the one year and 359-day sentence imposed. After the appellant returned from Turkey, her carry-on bag was examined and tested positive for trace amounts of opium and heroin. An x-ray machine revealed anomalies in the bag. A border agent made an incision in the bag’s lining and found a moist felt-like material. The appellant was arrested. Her checked baggage was x-rayed and found to have the same anomalies. Further felt-like material was recovered from the lining of the checked bag. The presence of opium was confirmed on the felt-like material. The Crown had been unable to establish the quantity of opium in the bags after the evidence of its proposed expert was not admitted. In its closing, the Crown invited the jury to conclude the bags contained a fair bit of opium. The appellant testified at trial that her trip to Turkey had been arranged by her boyfriend. She further testified that while in Turkey, her boyfriend’s family had retained her bags and helped her pack them before her return home....
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