What is the test for establishing that a convicted importer is a principal?
Ontario, Canada
The following excerpt is from R v ASL, 2017 ONSC 2055 (CanLII):
As stated in R v. Bishop (April 24, 1998), Hill J. (Ont. Gen. Div.)(unreported) at pages 4-5, the appropriate starting reference point is that a convicted importer is a principal. This is a presumption that can be rebutted by an accused individual. The facts relating to the circumstances of the importation are, of course, peculiarly within the knowledge of the accused. The presumption that the accused is acting on her own can be rebutted by proof, on a balance of probabilities, pursuant to s.724(3)(d) of the Criminal Code.
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