R v McGregor

In the case of R v McGregor, the appellant was arrested in a motel unit that was booked under their name. The police found the appellant's belongings in the unit and observed them using the motel's laundry facilities. The court was required to determine if the presumption of possession by the occupier applied in these circumstances, as the appellant was also seen with a co-offender who believed the appellant was moving into the unit with them. The primary legal issue was whether the appellant was in possession of the drugs found in the unit, considering the various factors presented.

The court examined the circumstances surrounding the arrest and the appellant's presence in the motel unit. It considered the fact that the unit was booked under the appellant's name and that their belongings were found inside. The court also took into account the appellant's actions, such as using the laundry facilities and being seen with a co-offender who believed the appellant was moving into the unit. The court held that the presumption of possession by the occupier applied, as the appellant had sufficient control and knowledge of the drugs found in the unit.

Ultimately, the court found that the evidence supported the conclusion that the appellant was in possession of the drugs. The appeal against the conviction was dismissed, and the application for leave to appeal against the sentence was also refused. The final orders were that the appeal against the conviction was dismissed, and the application for leave to appeal against the sentence was refused.