Words spoken by undercover officer were part of bona fide inquiry

Ontario criminal | Defences

Entrapment

Words spoken by undercover officer were part of bona fide inquiry

Accused was convicted of trafficking in cocaine after selling drugs to undercover officer with accused subsequently seeking stay based on entrapment. Initial comments by undercover officer in first cell phone contact after receiving anonymous information about accused were essentially “I hear you sell drugs” to which accused immediately responded that he had both cocaine and heroin for sale. Application dismissed. Evidence of undercover officer was uncontradicted that he initially asked accused if he sold drugs. Accused chose not to testify either on trial or on stay application and did not meet onus to prove entrapment on balance of probabilities. Words spoken by undercover officer were part of bona fide inquiry and legitimate investigatory step. Response by accused added confirmation to anonymous source information. When accused offered to sell both cocaine and heroin in response to request for cocaine he was not importuned.
R. v. Charles (Dec. 23, 2015, Ont. S.C.J., B.P. O’Marra J., CR-15-90000141-0000) 127 W.C.B. (2d) 132.


Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident

Refugee lawyers speak out on federal election campaign rhetoric

Employees of Aboriginal Legal Services join major union

Pro Bono Ontario to rename Ottawa help centre after David Scott

Chasm in opinions remains after statement of principles repeal

Most Read Articles

New equality measure approved by Law Society of Ontario as the statement of principles gets repealed

Judges call out lack of support for legal aid, pro bono amid MAG presence

Chasm in opinions remains after statement of principles repeal

Law students, paralegals can continue working on the same summary conviction matters