EVIDENCE - Hearsay rule - Application of rule – Exceptions - Co-conspirators or agency

Law360 Canada (September 14, 2023, 6:07 AM EDT) -- Appeal by Dinall from convictions for cocaine trafficking, conspiracy to traffick cocaine, and possession of the proceeds of crime. At trial, Dinall’s defense was that he was involved in a conspiracy to traffick marijuana, not in trafficking cocaine. On appeal, Dinall argued that the trial judge erred in instructing the jury on the charge of conspiracy and on the co-conspirator’s exception to the hearsay rule. Specifically, he claimed that the jury should have been instructed about the possibility that there were several overlapping conspiracies and that his admission to having been involved in a marijuana conspiracy did not imply involvement in a cocaine conspiracy. Dinall raised three other grounds of appeal but his counsel only addressed the multiple conspiracies issue and the admissions issue during the hearing. As a result, the court focused on these two issues in its analysis....
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