APPEALS - Misapprehension of or failure to consider evidence

Law360 Canada ( January 14, 2025, 9:03 AM EST) -- Appeal by Henry from his conviction and sentence for importing a controlled substance. Cocaine was found hidden in the lining of Henry’s suitcase upon returning to Canada from Curaçao.  He told the customs officer who first questioned him about his luggage that he had bought his suitcase at a Toronto flea market a few days before leaving on his trip. At trial, he gave a different account, testifying that while he was in Curaçao, a friend asked him to trade suitcases, and he swapped the grey suitcase he bought at the flea market for a black suitcase from his friend. The black suitcase was Henry's luggage when he returned to Canada. Henry denied knowing anything about the cocaine found hidden in the suitcase's lining. He provided inconsistent accounts regarding the suitcase's origin. The trial judge disbelieved his testimony and concluded that the only reasonable inference was that he knew about the drugs. Henry was sentenced to six years' imprisonment. His appeal raised four grounds, including the trial judge's exclusion of a prior exculpatory statement and alleged errors in the treatment of circumstantial evidence....
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