R. v. Bacon

R. v. Bacon

On the whole of the evidence including intercepted communications, agent testimony, surveillance and the accuseds' own communications, the court was satisfied beyond a reasonable doubt that an agreement existed among Bacon, Scott and others unknown to acquire and traffic cocaine and, on admissible evidence, each...

Source-derived case information.

Citation
2012 BCSC 318
Parties
Crown: Regina; Accused: Jarrod Bacon; Accused: Wayne Scott
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 February 2012
Procedural Posture
Criminal Conspiracy to Traffic / Trial Verdict (oral Reasons for Judgment; Conviction)
Outcome
Found guilty: both Jarrod Bacon and Wayne Scott guilty of conspiring to traffic cocaine
Legal Topics
Conspiracy, Trafficking (cdsa), Co‑conspirator Hearsay Exception, Carter Test, Vetrovec Warning, Interception of Communications
Source Language
english
Criminal Law Drug Offences Evidence Law Conspiracy Trafficking (cdsa) Co‑conspirator Hearsay Exception Carter Test Vetrovec Warning +1 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Jarrod Bacon

Accused

Wayne Scott

Accused

Procedural Posture

Criminal Conspiracy to Traffic / Trial Verdict (oral Reasons for Judgment; Conviction)

Legal Issues

  1. 1 Whether a conspiracy to traffic cocaine existed among Bacon, Scott and others unknown
  2. 2 Whether each accused was a probable member of the conspiracy on admissible evidence
  3. 3 Admissibility and application of the co‑conspirator hearsay exception (Carter)

Ratio Decidendi

On the whole of the evidence including intercepted communications, agent testimony, surveillance and the accuseds' own communications, the court was satisfied beyond a reasonable doubt that an agreement existed among Bacon, Scott and others unknown to acquire and traffic cocaine and, on admissible evidence, each accused was probably a member of that conspiracy; Bacon's explanation that he intended only to rob the agent was rejected as implausible and insufficient to raise a reasonable doubt.

Court Disposition

Found guilty: both Jarrod Bacon and Wayne Scott guilty of conspiring to traffic cocaine

Orders

  • Convicted of conspiracy to traffic in a controlled substance (cocaine) as charged; sentencing to be set