Courthouse: Ontario Court of Justice Toronto
Counsel: Jessica Read
Date of Judgment: November 25, 2024
Background
Toronto police received a tip from a Confidential informant that an individual with a specific nickname and a phone number was trafficking cocaine. An undercover police officer was tasked with contacting the number and attempting to purchase cocaine. The undercover police officer texted the phone number and made an offer to purchase cocaine. On three occasions the accused sold the undercover police officer quantities of cocaine. Surveillance of the accused was conducted and eventually a search warrant was granted and conducted on his residence where a large quantity of cocaine and cash was seized.
The Issue
After careful review of the communications between the undercover police officer and the accused, counsel Ms. Read brought an application to find the accused was entrapped by Toronto Police.
Result
After cross examination of the undercover officer and submissions, the court found that the accused was indeed entrapped by the undercover police officer as the officer did not have a reasonable suspicion that the accused was trafficking in cocaine prior to enticing the accused to commit a crime. The Ontario Court of Justice Judge found that the accused had met his onus, an abuse of process was found and all charges against the accused were stayed. The accused remained criminal record free and avoided a lengthy jail sentence.