Vito Buffone, et al. v. Her Majesty the Queen, et al.
(Ontario) (Criminal) (By Leave)
Criminal law - Evidence, Charge to jury, Sentencing - Criminal law — Evidence — Charge to jury — Sentencing — Whether an object on which no residue is visible is a substance or sample of it under s. 45 of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 — Whether a trial judge is required to instruct the jury that it must find probable membership of indicted or unindicted co-conspirators before their statements can be used against the accused at stage three of the instruction on conspiracy required following R. v. Carter,  1 S.C.R. 938 — Weight to be given to sentences imposed on co-accused by way of joint submission — Appropriate approach to proportionality and totality where an aggravating factor is part of the gravamen of a separately charged consecutive sentence?.
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Mr. Buffone and Mr. Kompon were charged for their roles as senior members of a criminal enterprise that imported and distributed cocaine. The Crown’s case included evidence that cocaine was found on gloves seized during a search of a warehouse. The jury was instructed on proof of conspiracy. The jury convicted Mr. Buffone and Mr. Kompon of drug related offences on behalf of a criminal enterprise. Mr. Buffone was sentenced to 22 years imprisonment and Mr. Kompon to 20 years. The Court of Appeal dismissed appeals from the convictions, allowed sentence appeals, and substituted sentences of life imprisonment for convictions for conspiracy to import and possess cocaine for the purpose of trafficking.
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