r. v.
iuculano and borrelli, [1988] 1 S.C.R. 667
Her Majesty The
Queen Appellant
v.
Carlo Borrelli and
Antonio Iuculano Respondents
indexed as: r. v. iuculano
and borrelli
File No.: 20038.
1988: May 5.
Present: Beetz,
Lamer, Le Dain, La Forest and L'Heureux‑Dubé JJ.
on appeal from the court of appeal for quebec
Criminal
law ‑‑ Accused charged with conspiracy to import narcotics and
bribery of officer ‑‑ Rule against multiple convictions ‑‑
Whether correspondence between the elements of the offences sufficient to
sustain the operation of the rule against multiple convictions.
Cases cited
Applied: R. v. Prince,
[1986] 2 S.C.R. 480.
APPEAL
from a judgment of the Quebec Court of Appeal, [1986] R.J.Q. 2162, 29 C.C.C.
(3d) 498, allowing the accused's appeals from their conviction for conspiracy
to import narcotics and ordering a stay of proceedings. Appeal allowed.
Claude
Bélanger, Q.C., for the appellant.
Bruno
Pateras, Q.C., for the respondent Carlo Borrelli.
Francis
Brabant, for the respondent Antonio Iuculano.
English
version of the judgment of the Court delivered orally by
1. Beetz J.‑‑I
will ask our brother Lamer J. to deliver the judgment of the Court.
2. Lamer J.‑‑We
are all of the view that the appeal should be allowed. The principles expressed
in R. v. Prince, [1986] 2 S.C.R. 480, are conclusive. The judgment of
the Court of Appeal is set aside and the conviction entered by the trial judge
is restored.
Judgment
accordingly.
Solicitor
for the appellant: The Deputy Attorney General of Canada, Ottawa.
Solicitors
for the respondent Carlo Borrelli: Pateras & Iezzoni, Montréal.
Solicitors
for the respondent Antonio Iuculano: Leithman, Goldenberg, Guberman &
Girouard, Montréal.
Email this Content