The appellant and a co-accused were charged with conspiracy to commit theft and conspiracy to possess stolen liquor.
The trial judge found no agreement had been established but convicted them of attempting to conspire.
The Court of Appeal affirmed the convictions.
On appeal to the Supreme Court of Canada, the Court held that an attempt to conspire to commit a substantive offence is not an offence under Canadian law.
The criminal law does not punish bad thoughts that are abandoned before an agreement is reached or an attempt is made to act upon them.
The appeal was allowed and acquittals were entered.
