Thursday, November 23, 2006

R. v. Déry

The Supreme Court of Canada ruled today that you can't attempt to conspire to commit a crime. It takes more work than that.

Apparently, the accused in this case thought about stealing some booze, discussed it with another member of the lumpenproletariat, but never actually got to the point of agreeing on a positive course of action. Everyone's been at meetings like that.

Justice Fish noted that no one has ever been convicted of attempting to conspire before, and didn't see any reason to start now.

From a crime control perspective, the major downside with this case will likely be the free pass it gives persons who think they are conspiring with a confederate who is in fact in the employ of Her Majesty. Parliament might want to fix that one.

Case Comment of R. v. Déry, 2006 SCC 53

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