Where the Crown relies on ambiguous intercepted telephone conversations to establish the quantity of drugs in a sentencing proceeding, the sentencing judge cannot find the Crown's contended quantity proved beyond reasonable doubt if the intercept material is equally capable of supporting a reasonable inference consistent with a lesser quantity. The weight of a substitute substance found in a package does not support an inference about the expected quantity of pure drugs, as it impermissibly assumes the offender expected pure drugs only. Expert evidence as to the value of a particular dollar amount of drugs involves bootstraps reasoning where the dollar amount itself is the disputed fact.
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