An agreement to supply a drug precursor (pseudoephedrine) does not, without more, constitute a conspiracy to manufacture the drug, even where the supplier expects the recipient will use the precursor for manufacture. The prosecution must prove beyond reasonable doubt that the supplier intended, and not merely expected, that the recipient would manufacture, and that the supplier had a stake in the manufacturing enterprise. The Weissensteiner principle (failure to give evidence) cannot convert an otherwise insufficient prosecution case into proof beyond reasonable doubt where the deficiencies in the Crown case are sufficient to explain the accused's silence.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.