A. Gerges

The accused, Adam Luangphasi and Alexander Le, were tried on multiple counts including conspiracy to traffic, import, and produce cocaine, as well as participating in a criminal organization and possessing proceeds of crime.

The Crown's case relied heavily on intercepted communications, surveillance, and expert evidence decoding drug jargon.

Applying the Carter framework for co-conspirator hearsay, the court found both accused guilty of conspiracy to traffic cocaine and conspiracy to import cocaine from Guyana.

Luangphasi was also found guilty of a separate conspiracy to import cocaine using a private plane.

Both accused were acquitted of the criminal organization charges due to a lack of proven structure and continuity, and acquitted of the carpet importation and production conspiracies.

Luangphasi was acquitted of possessing proceeds of crime.

The appellant appealed his conviction for impaired driving, arguing the trial judge failed to properly apply the W.D. framework and erred in assessing credibility.

An off-duty officer had observed the appellant driving erratically on Highway 401, which was captured on dash camera.

The appellant later crashed his vehicle and was arrested, exhibiting signs of impairment.

The Summary Conviction Appeal Court dismissed the appeal, finding the trial judge properly applied the burden of proof, did not reverse the onus, and sufficiently explained his reasons for rejecting the appellant's evidence and accepting the officers' observations.