Yoni Rahamim

At the close of the Crown's case in a jury trial for conspiracy to commit murder and related firearms offences, the accused moved for a directed verdict of acquittal on the conspiracy count.

The accused argued there was no evidence they participated in a conspiracy to murder the complainant.

The court reviewed the circumstantial evidence, including a prior bank fraud involving the parties, cell phone communications, video surveillance of the accused acting in concert, and the coordinated ambush of the complainant.

Applying the test for a directed verdict, the court found there was some admissible evidence upon which a reasonable jury, properly instructed, could infer an agreement to murder the complainant.

The application for a directed verdict was dismissed.

Four offenders with no prior criminal records were sentenced for their roles in a sophisticated commercial cocaine trafficking operation involving 43 kilograms of cocaine.

The court emphasized denunciation and deterrence as paramount principles for large-scale cocaine trafficking.

The directing mind received 12 years, a fully committed participant received 11 years, a trusted courier received 10 years (less pre-trial credit), and a minor participant whose vehicle was used received 6 years.

A forfeiture order was also made for the vehicle used in the offence.

Prior to the testimony of the complainant in a trial for conspiracy to commit murder and attempted murder, the parties sought a ruling on the permissible scope of cross-examination regarding the complainant's prior acts of misconduct.

The court ruled that defence counsel could cross-examine the complainant on the factual details underlying his prior convictions, withdrawn charges, and uncharged misconduct detailed in police occurrence reports, provided there was a good faith basis.

However, defence counsel could not cross-examine the complainant on the factual allegations underlying charges for which he was acquitted, as an acquittal represents a verdict of legal innocence, though they could question him on accompanying uncharged fraudulent activities.