R. v. Bruzzese

R. v. Bruzzese

The accused's conduct — vouching for the undercover buyer, using the phone to locate and coordinate the seller, negotiating the amount and price, introducing and directing the buyer to the seller, and remaining during and after the sale — amounted to active participation and encouragement of the seller and therefore...

Source-derived case information.

Citation
2012 BCSC 369
Parties
Crown: Regina; Accused: Nicodemo Joseph Bruzzese
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 January 2012
Procedural Posture
Criminal Trafficking in a Controlled Substance / Trial — Judgment on Agreed Statement of Facts
Outcome
Accused found guilty of trafficking as a party
Legal Topics
Trafficking, Aiding and Abetting, Party to Offence, Purchaser Vs Vendor Distinction, Undercover Operations, Vouching/introductions
Source Language
english
Criminal Law Controlled Substances Law Party Liability/evidence Trafficking Aiding and Abetting Party to Offence Purchaser Vs Vendor Distinction Undercover Operations +1 more

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Parties

Regina

Crown

Nicodemo Joseph Bruzzese

Accused

Procedural Posture

Criminal Trafficking in a Controlled Substance / Trial — Judgment on Agreed Statement of Facts

Legal Issues

  1. 1 Whether the accused's conduct made him a party to trafficking under s.21 of the Criminal Code
  2. 2 Whether assistance to a purchaser that is more than incidental can amount to aiding or abetting the seller and thus trafficking

Ratio Decidendi

The accused's conduct — vouching for the undercover buyer, using the phone to locate and coordinate the seller, negotiating the amount and price, introducing and directing the buyer to the seller, and remaining during and after the sale — amounted to active participation and encouragement of the seller and therefore constituted abetting and assisting the sale; his role was more than incidental assistance to a purchaser and made him a party to trafficking under s.21 of the Criminal Code.

Court Disposition

Accused found guilty of trafficking as a party

Orders

  • Accused convicted of trafficking in cocaine as a party under s.21 of the Criminal Code