Sopinka J.
Sopinka J. ‑‑ We see no reason to depart from the jurisprudence of this Court that the co‑conspirator's exception to the hearsay rule applies to substantive offences in which evidence is introduced that acts were done or words spoken in furtherance of a common design to commit the offence.
The application of the exception is authoritatively described in R. v. Carter, [1982] 1 S.C.R. 938. With respect to its application here, we agree with Wood J.A., speaking for a unanimous Court of Appeal, that, although the trial judge erred in his instructions to the jury with respect to the co‑conspirator's exception to the hearsay rule, the error did not occasion a substantial wrong or miscarriage of justice. Evidence directly admissible against the appellant to which resort could be had in order to invoke the exception was dependent on the credibility of Amanda Cousins. We agree with Wood J.A. that the jury must have accepted the evidence of Cousins and, therefore, had the proper instruction been given, the verdict would necessarily have been the same.
We also agree with Wood J.A. and his reasons that, in the circumstances, there was no error with respect to the instructions to the jury on the doctrine of reasonable doubt.
The appeal is dismissed.
Cases cited
- R. v. Carter 16256-1982-06-23 ¶ 2