Vito Buffone, et al. v. Her Majesty the Queen, et al.

(Ontario) (Criminal) (By Leave)


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, [1982] 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?


Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

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.

Lower Court Rulings

June 12, 2017
Ontario Superior Court of Justice

Convictions for conspiracy to import and possess cocaine for the purpose of trafficking and related offences
October 1, 2021
Court of Appeal for Ontario

2021 ONCA 676, C64484 / C64485
Appeals from convictions dismissed
November 19, 2021
Court of Appeal for Ontario

2021 ONCA 825, C64424
Crown’s appeals from sentences allowed, sentences for life imprisonment substituted