R v. Alvarado-Calles

R v. Alvarado-Calles

On the admissible evidence and applying the Carter framework, the court found beyond a reasonable doubt that Lambert and Bailey entered an agreement to remove and import the commodity from the MV Arica into Canada and took actions in furtherance (specific tool procurement, tracking Arica, boat rentals, diving near the vessel) before the importation was complete; they knew or were wilfully blind that the commodity was cocaine and acted beyond mere preparation, so guilty of conspiracy to import and conspiracy to traffic and of attempts; by contrast Alvarado-Calles and Seinauskas performed tasks in furtherance but the Crown failed to prove beyond a reasonable doubt that they had the...

Citation
2020 NSPC 38
Parties
Crown: Her Majesty the Queen; Accused: Nelson Ricardo Alvarado-Calles; Accused: Matthew Ross Lambert; Accused: Darcy Peter Bailey; Accused: Dangis Seinauskas
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 July 2020
Procedural Posture
Criminal / Trial Decision (judgment on Verdicts)
Outcome
Convicted: Matthew Ross Lambert and Darcy Peter Bailey guilty of conspiracy to import cocaine and conspiracy to traffic cocaine and related attempts; Acquitted: Nelson Ricardo Alvarado-Calles and Dangis Seinauskas on all counts.
Legal Topics
Importation, Trafficking, Possession for Purpose of Trafficking, Attempt, Conspiracy, Admissibility of Electronic Evidence, Documents in Possession, Admissions, Co Conspirator Hearsay Exception, Voluntariness of Statements, Timing of Offence Completion
Source Language
English
Criminal Law Evidence Controlled Substances Law Procedural Law Search and Seizure Charter Law Importation Trafficking +9 more

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Parties

Her Majesty the Queen

Crown

Nelson Ricardo Alvarado-Calles

Accused

Matthew Ross Lambert

Accused

Darcy Peter Bailey

Accused

Dangis Seinauskas

Accused

Procedural Posture

Criminal / Trial Decision (judgment on Verdicts)

Legal Issues

  1. 1 Whether accused had requisite knowledge of the commodity (cocaine) for conspiracy and substantive offences
  2. 2 When importation is complete for purpose of conspiracy to import (actus reus/mens rea coalescence)
  3. 3 Whether constructive or joint possession and right/control existed

Ratio Decidendi

On the admissible evidence and applying the Carter framework, the court found beyond a reasonable doubt that Lambert and Bailey entered an agreement to remove and import the commodity from the MV Arica into Canada and took actions in furtherance (specific tool procurement, tracking Arica, boat rentals, diving near the vessel) before the importation was complete; they knew or were wilfully blind that the commodity was cocaine and acted beyond mere preparation, so guilty of conspiracy to import and conspiracy to traffic and of attempts; by contrast Alvarado-Calles and Seinauskas performed tasks in furtherance but the Crown failed to prove beyond a reasonable doubt that they had the...

Court Disposition

Convicted: Matthew Ross Lambert and Darcy Peter Bailey guilty of conspiracy to import cocaine and conspiracy to traffic cocaine and related attempts; Acquitted: Nelson Ricardo Alvarado-Calles and Dangis Seinauskas on all counts.

Orders

  • Findings recorded: Lambert and Bailey guilty of counts as set out in reasons
  • Nelson Ricardo Alvarado-Calles and Dangis Seinauskas acquitted of all charges