Does the co-conspirator's exception apply?
British Columbia, Canada
The following excerpt is from R. v. Pilarinos, 2002 BCSC 855 (CanLII):
Further, in Rose v. The King (1946) 1946 CanLII 365 (QC CA), 88 C.C.C. 114 at 125, Barclay J. stated the application of the co-conspirator's exception in this way: In a conspiracy case the evidence changes its character as the case proceeds. Evidence given by a co-conspirator may at first be only evidence against the witness himself, not the accused, but as and when a conspiracy is proved in which the accused was involved, then such evidence if it be of acts in furtherance of a common design, becomes evidence against the accused.
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