Detective Richard Duffus

Following a wiretap prosecution involving multiple accused, the court considered conspiracy, firearms trafficking by offer, drug trafficking conspiracy, robbery conspiracy, and criminal organization allegations arising from intercepted jail and street communications.

The court acquitted on the firearm conspiracy counts after finding a reasonable doubt whether one accused merely pretended to agree, but convicted that accused of offering to transfer a firearm because he made a genuine-looking offer perceived as such by the recipient.

A co-accused's guilty plea to conspiracy to traffic in a controlled substance was narrowed on the facts to cocaine rather than heroin.

The court rejected the robbery conspiracy and criminal organization allegations, holding the evidence showed loosely connected criminal conduct and friendship networks rather than the structure, continuity, and cohesion required for a criminal organization.

The accused was charged with drug trafficking and firearms offences following the execution of a search warrant at his apartment.

He admitted to possessing 6.79 grams of fentanyl found on his person, but denied possessing other drugs and a restricted firearm found in the apartment.

A defence witness testified that the apartment drugs and firearm belonged to her and that she had hidden them there without the accused's knowledge.

The court found the accused guilty of possessing the fentanyl on his person for the purpose of trafficking, citing the quantity and indicia of trafficking.

However, applying the W.(D.) framework, the court found the defence witness's testimony raised a reasonable doubt regarding the items found in the apartment, resulting in acquittals on the remaining charges.