The appellants appealed their convictions and sentences for fraud.
They argued that a statement made during a vehicle stop should have been excluded due to Charter breaches.
The Court of Appeal assumed a s. 10(a) breach but found the statement admissible under s. 24(2), noting the breach was not serious and the officer acted in good faith.
The court also found no s. 8 or s. 10(b) breaches.
The statement was admissible against the co-accused as an adoptive admission by silence.
The conviction appeal was dismissed.
On the sentence appeal, the court agreed a conditional sentence was unwarranted but reduced the custodial sentences to six months imprisonment to better reflect specific deterrence and rehabilitation.
Restitution orders were maintained but clarified as joint and several.
