LAWS 2302 Lecture Notes - Lecture 7: Mens Rea, Fundamental Justice, Sports Game
18 Apr 2018
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Appellant testified at his trial for drug trafficking and, at the close of his defence, brought an application for a stay of proceedings on the basis of entrapment. Appellant testified that he had had a drug habit but that he had given up his use of narcotics. The application for a stay was refused and appellant was convicted of drug trafficking. The court of appeal dismissed an appeal from that conviction. The central issue here concerns the conceptual basis of the doctrine of entrapment and the manner in which an entrapment claim should be dealt with by the courts. The accused was suffering a disease of the mind > were not in control of their actions at the time. The defense has to call evidence > usually a forensic psychiatrist. If found ncr, orb > ontario review board > they determine if/when the accused is eligible to return to society.
