R. v. Boyer

R. v. Boyer

Applying Carter: the Crown established the existence of an ongoing interprovincial scheme to traffic cannabis beyond reasonable doubt; evidence directly admissible against Boyer satisfied the balance of probabilities that he was a member; when co‑conspirator hearsay and all circumstantial evidence are considered,...

Source-derived case information.

Citation
2018 NSSC 351
Parties
Crown: Her Majesty The Queen; Accused: Jeffrey Michael Boyer
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 July 2018
Procedural Posture
Criminal / Trial Judgment (guilty Verdict)
Outcome
Guilty on all six counts (conspiracy and substantive offences)
Legal Topics
Conspiracy, Trafficking in Cannabis, Possession of Proceeds of Crime, Co‑conspirator Hearsay/carter Analysis, Constructive Possession
Source Language
english
Criminal Law Drug Offences Evidence Law Conspiracy Trafficking in Cannabis Possession of Proceeds of Crime Co‑conspirator Hearsay/carter Analysis Constructive Possession

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Parties

Her Majesty The Queen

Crown

Jeffrey Michael Boyer

Accused

Procedural Posture

Criminal / Trial Judgment (guilty Verdict)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused was a member of a conspiracy to traffic cannabis
  2. 2 Whether the three‑step Carter/Mapara process for co‑conspirator hearsay admissibility was satisfied
  3. 3 Whether the accused had constructive possession and participated in trafficking and possession of proceeds offences

Ratio Decidendi

Applying Carter: the Crown established the existence of an ongoing interprovincial scheme to traffic cannabis beyond reasonable doubt; evidence directly admissible against Boyer satisfied the balance of probabilities that he was a member; when co‑conspirator hearsay and all circumstantial evidence are considered, the Crown proved Boyer’s membership and culpability beyond a reasonable doubt, warranting convictions on all counts.

Court Disposition

Guilty on all six counts (conspiracy and substantive offences)