L'utilisation de communications cryptées lors de la commission de l'infraction est un facteur aggravant aux fins de la détermination de la peine

R v Alcera, 2024 MBCA 32

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[39]                     What is ultimately determinative to us is the reasonableness of the judge’s interpretation of the intercepted communications. He found that there was no evidence of the accused directing other members of the Company; there were several instances where Espiritu recognized the accused was a “novice” in the drug trade and needed instruction; and, fortuitously, the accused was arrested just before he was to be promoted to a greater role in the Company by Espiritu. The DPP noted that some intercepted communications of the accused could not be decrypted because of the technology used. While the accused’s use of an encrypted device is an aggravating fact, the content of communications that cannot be decrypted cannot be speculated about.