R. v. Fehr

R. v. Fehr

The court found the Crown proved, beyond a reasonable doubt, the conspiracies alleged in Count 1 (Fehr with McCormick and Burns to traffic marihuana) and Count 4 (Fehr, McCormick and Pugliese as part of a plan to traffic cocaine). The court convicted Allen Fehr of possession for the purpose of trafficking (Counts 11–15) for the drugs seized in his vehicle and convicted Eugenio Pugliese of possession of 3 kg of cocaine at his residence (Count 16). The court dismissed Counts 2 and 3 for lack of Crown submission, dismissed Count 5 (both Fehr and Pugliese) and Count 6 (Fehr) for insufficient evidence to prove joint possession, and dismissed trafficking Counts 7–10 against Fehr because...

Citation
2000 BCSC 1634
Parties
Crown: Her Majesty the Queen; Accused/defendant: Allen Fehr; Accused/defendant: Eugenio Pugliese
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 November 2000
Procedural Posture
Criminal Drug Prosecution / Trial Reasons for Judgment (judgment Issued)
Outcome
Mixed: convictions on several conspiracy and possession counts; multiple counts dismissed for lack of proof or chain of custody failures
Legal Topics
Conspiracy Under S.465(1)(a) Criminal Code, Possession for the Purpose of Trafficking (narcotic Control Act / Controlled Drugs and Substances Act), Trafficking Offences, Chain of Custody and Continuity of Exhibits, Use and Interpretation of Intercepted Communications, Undercover Purchases
Source Language
English
Criminal Law Drug Offences Conspiracy Possession for the Purpose of Trafficking Trafficking Evidence Chain of Custody Wiretap and Surveillance Conspiracy Under S.465(1)(a) Criminal Code +5 more

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Parties

Her Majesty the Queen

Crown

Allen Fehr

Accused/defendant

Eugenio Pugliese

Accused/defendant

Procedural Posture

Criminal Drug Prosecution / Trial Reasons for Judgment (judgment Issued)

Legal Issues

  1. 1 Whether Crown proved conspiracy by reasonable inference from wiretap, surveillance and undercover purchases
  2. 2 Whether accused participated in possession for the purpose of trafficking in seized drugs
  3. 3 Whether chain of custody/continuity problems in drug analysis undermine trafficking counts based on undercover buys

Ratio Decidendi

The court found the Crown proved, beyond a reasonable doubt, the conspiracies alleged in Count 1 (Fehr with McCormick and Burns to traffic marihuana) and Count 4 (Fehr, McCormick and Pugliese as part of a plan to traffic cocaine). The court convicted Allen Fehr of possession for the purpose of trafficking (Counts 11–15) for the drugs seized in his vehicle and convicted Eugenio Pugliese of possession of 3 kg of cocaine at his residence (Count 16). The court dismissed Counts 2 and 3 for lack of Crown submission, dismissed Count 5 (both Fehr and Pugliese) and Count 6 (Fehr) for insufficient evidence to prove joint possession, and dismissed trafficking Counts 7–10 against Fehr because...

Court Disposition

Mixed: convictions on several conspiracy and possession counts; multiple counts dismissed for lack of proof or chain of custody failures

Orders

  • Count 1: Convicted — Allen Fehr (conspiracy to traffic marihuana with Walter McCormick and Benjamin Burns)
  • Count 2: Dismissed — Crown made no submission (import methamphetamine allegation)