What is the test for evidence against co-conspirators in a criminal conspiracy?
British Columbia, Canada
The following excerpt is from R. v. Araujo, 2003 BCPC 118 (CanLII):
Regina v. Carter (1982) 1982 CanLII 35 (SCC), 67 C.C.C. 568 (S.C.C.) establishes that, where the trier of fact is satisfied that the evidence establishes the conspiracy charged beyond a reasonable doubt, and, on a balance of probabilities, the evidence directly receivable against an accused establishes that the accused was a member of the conspiracy, the acts and declarations of co-conspirators in furtherance of the conspiracy may be considered as evidence against that accused.
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