r. v. iuculano and borrelli, [1988] 1 S.C.R. 667

Her Majesty The Queen Appellant

v.

Carlo Borrelli and Antonio Iuculano Respondents

indexed as: r. v. iuculano and borrelli

File No.: 20038.

1988: May 5.

Present: Beetz, Lamer, Le Dain, La Forest and L'Heureux‑Dubé JJ.

on appeal from the court of appeal for quebec

Criminal law ‑‑ Accused charged with conspiracy to import narcotics and bribery of officer ‑‑ Rule against multiple convictions ‑‑ Whether correspondence between the elements of the offences sufficient to sustain the operation of the rule against multiple convictions.

Cases cited

Applied: R. v. Prince, [1986] 2 S.C.R. 480.

APPEAL from a judgment of the Quebec Court of Appeal, [1986] R.J.Q. 2162, 29 C.C.C. (3d) 498, allowing the accused's appeals from their conviction for conspiracy to import narcotics and ordering a stay of proceedings. Appeal allowed.

Claude Bélanger, Q.C., for the appellant.

Bruno Pateras, Q.C., for the respondent Carlo Borrelli.

Francis Brabant, for the respondent Antonio Iuculano.

English version of the judgment of the Court delivered orally by

[1] Beetz J.‑‑I will ask our brother Lamer J. to deliver the judgment of the Court.

[2] Lamer J.‑‑We are all of the view that the appeal should be allowed. The principles expressed in R. v. Prince, [1986] 2 S.C.R. 480, are conclusive. The judgment of the Court of Appeal is set aside and the conviction entered by the trial judge is restored.

Judgment accordingly.

Solicitor for the appellant: The Deputy Attorney General of Canada, Ottawa.

Solicitors for the respondent Carlo Borrelli: Pateras & Iezzoni, Montréal.

Solicitors for the respondent Antonio Iuculano: Leithman, Goldenberg, Guberman & Girouard, Montréal.