R. v. Louis (J.M.J.), (2003) 169 O.A.C. 94 (CA)

• Judge: Weiler, Charron and Sharpe, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: February 04, 2003
• Jurisdiction: Ontario
• Citations: (2003), 169 O.A.C. 94 (CA)

R. v. Louis (J.M.J.) (2003), 169 O.A.C. 94 (CA)

MLB headnote and full text

Temp. Cite: [2003] O.A.C. TBEd. FE.041

Her Majesty the Queen (respondent) v. Jean Moïse Jean Louis (appellant)

(C35479)

Indexed As: R. v. Louis (J.M.J.)

Ontario Court of Appeal

Weiler, Charron and Sharpe, JJ.A.

February 4, 2003.

Summary:

A court composed of a judge and jury found Louis guilty of possession of proceeds of crime and possession of narcotics for the purpose of trafficking. Louis appealed. He had served his 22 month sentence of imprisonment.

The Ontario Court of Appeal allowed the appeal and ordered a new trial.

Criminal Law - Topic 2682

Attempts, conspiracies, accessories and parties - Conspiracies - Conspirator's exception to hearsay rule - A court composed of a judge and jury found Louis guilty of possession of proceeds of crime and possession of narcotics for the purpose of trafficking - The Ontario Court of Appeal ordered a new trial where the trial judge erred in the jury charge on the co-conspirator's exception to the hearsay rule by: (1) failing to instruct the jury that before they could consider whether Louis participated in a common enterprise, they had to first be satisfied beyond a reasonable doubt that a common drug trafficking enterprise in fact existed; and (2) failing to instruct the jury that even if Louis was a member of a conspiracy, they could not conclude that he was guilty on that basis alone - See paragraphs 4 to 9.

Criminal Law - Topic 4354

Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices - [See Criminal Law - Topic 2682 ].

Criminal Law - Topic 4361

Procedure - Charge or directions - Jury or judge alone - Directions regarding identification - The Ontario Court of Appeal ordered a new trial where the trial judge had failed to direct the jury on the frailties and inherent dangers of eyewitness identification - See paragraphs 10 and 11.

Cases Noticed:

R. v. Carter, [1982] 1 S.C.R. 938; 47 N.R. 288; 46 N.B.R.(2d) 142; 121 A.P.R. 142; 31 C.R.(3d) 97, refd to. [para. 4].

Counsel:

Chantal Proulx, for the respondent;

Elisabeth Widner, for the appellant.

This appeal was heard on February 4, 2003, by Weiler, Charron and Sharpe, JJ.A., of the Ontario Court of Appeal.

The decision of the Court of Appeal was released orally on February 4, 2003, with release in writing on February 17, 2003.