USA v. Lorenz, 2007 BCCA 342 – Madam Justice Newbury – Conspiracy & Extradition

Cases of Note / 01.06.2007

---

[62] The extradition judge in the case at bar relied on R. v. Rojas to conclude that the acts and declarations of the co-conspirators could not be used as evidence against Mr. Lorenz in the absence of proof of his probable membership in the conspiracy – or in her words, in the absence of evidence that Lorenz “was involved in any discussions in relation to the pick-up of the heroin.” …As Mr. Bolton argued, anyone, including any friend or relation of Mr. N. who was unaware of the conspiracy, or even a paid driver – could have done what Lorenz did in Rosemead, in ignorance of what was going on in the hotel rooms and what was planned for the day after Lorenz returned to Vancouver.

[63] In the result, I would dismiss the appeal of the Attorney General in respect of the discharge of Mr. Lorenz.