The accused were jointly tried for fraud over $5,000 arising from a scheme using a stolen and forged TD bank draft to obtain approximately $1.9 million in gold bullion from a Montreal dealer.
The Crown’s case was largely circumstantial and relied on telephone records, cell tower data, and evidence concerning the acquisition and subsequent disposition of Perth Mint gold bars.
The trial judge assessed the evidence under the principles governing circumstantial cases and the framework in R. v. W. (D.).
The court rejected the explanations advanced by the accused and concluded that they had acted together to present the fraudulent draft, obtain the gold, and distribute or conceal it afterward.
