Pham was not present in her apartment, when the police entered and found cocaine. There was no evidence of actual possession, since Pham was not home.
Does possession under s.4(3) of the Criminal Code require actual possession?
In the case of s.4(3) of the Criminal Code, actual possession is not required -- inferred knowledge can lead to a finding of constructive possession.
Facts were sufficient to infer knowledge of the drugs: Drugs were found around her own toiletries and her bedroom; Drugs were in plain view; No evidence of men’s toiletries.
Decision in favour of Crown (R).