United States of America v. Gionet
The prior relationship among the alleged conspirators together with the frequency of the transactions provided sufficient evidence for a trier of fact to reasonably infer that the appellant was a party to an ongoing conspiracy to traffic narcotics, therefore the committal order was properly made and the appeal must...
Source-derived case information.
- Citation
- 2011 ONCA 217
- Parties
- Respondent: United States of America; Respondent: Attorney General of Canada; Appellant: Rejean Stephen Gionet
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 March 2011
- Procedural Posture
- Criminal (committal Proceeding) / Appeal From Committal Order to Court of Appeal
- Outcome
- Appeal dismissed; committal order upheld.
- Legal Topics
- Conspiracy, Trafficking, Committal, Sufficiency of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
United States of America
Respondent
Attorney General of Canada
Respondent
Rejean Stephen Gionet
Appellant
Procedural Posture
Criminal (committal Proceeding) / Appeal From Committal Order to Court of Appeal
Legal Issues
- 1 Whether there was evidence that the appellant was a party to the alleged conspiracy to traffic in narcotics
- 2 Whether the evidence met the standard required to commit an accused on a conspiracy charge
Ratio Decidendi
The prior relationship among the alleged conspirators together with the frequency of the transactions provided sufficient evidence for a trier of fact to reasonably infer that the appellant was a party to an ongoing conspiracy to traffic narcotics, therefore the committal order was properly made and the appeal must be dismissed.
Court Disposition
Appeal dismissed; committal order upheld.
Orders
- Appeal dismissed.
- Committal order of Justice I.S. McMillan dated January 4, 2010 upheld.
Full Case Text
Judgment text and source record
1 paragraphs
United States of America v. Gionet Collection Decisions of the Court of Appeal Date 2011-03-22 Neutral citation 2011 ONCA 217 Docket numbers C52165 Judges Doherty, David H.; LaForme, Harry Smith; Epstein, Gloria Jean Subject Criminal Decision Content CITATION: United States of America v. Gionet, 2011 ONCA 217 DATE: 20110321 DOCKET: C52165 COURT OF APPEAL FOR ONTARIO Doherty, LaForme and Epstein JJ.A. BETWEEN The United States of America and the Attorney General of Canada Respondent and Rejean Stephen Gionet Appellant Erin Dann, for appellant Nancy Dennison, for the respondent Heard: March 21, 2011 On appeal from the order of committal of Justice I.S. McMillan of the Superior Court of Justice dated January 4, 2010. APPEAL BOOK ENDORSEMENT [1] The appellant advances only one ground of appeal. He argues that there was no evidence that he was party to the conspiracy charge. He does not resist committal on the trafficking charge. [2] We are satisfied that the prior relationship among the alleged conspirators and the frequency of the transactions during the term of the alleged agreement were sufficient to provide a basis upon which a trier of fact could reasonably infer that the appellant was a party to an ongoing conspiracy to traffic in a narcotic. [3] The appeal is dismissed.