The accused sent 'teaser' e-mails marketing the sale of 'Top Secret' files, including software to generate valid credit card numbers, bomb recipes, and break-in instructions.
He was charged with counselling four indictable offences that were not committed.
The trial judge acquitted him, finding he lacked the requisite mens rea, and the Court of Appeal upheld the acquittal.
The Supreme Court of Canada allowed the Crown's appeal on the count of counselling fraud, finding the trial judge erred in law by confounding motive and intent, and ordered a new trial on that count.
