Lecture 2 Jan 19th 2012 WDW325H1 Professor Breese-Davies

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University of Toronto St. George
Woodsworth College Courses
David Davies

Entrapment R v Amato Facts Mr Amatos manager had a friend Don looking for cocaine Amato said he could not help A few days later Don called Amato Amato said he did not know where to get drugs Amato got a new job Don called there asking Amato for drugs Don call him 1520 over 3 months Amatos exgirlfriend agreed to sell Don 1gm of cocaine Amato facilitated exchanged Eventually soldounce of cocaineDon is an informant Goodwin is Dons handlerDon and Goodwin were very forceful in trying to get Amato to sell drugs eventually Amato sells 25 ounces and gets arrested Trial JudgeBCCAevidence falls short of entrapment BCCA suggested that entrapment should not be a defence but should mitigate sentence UK approach Issues 1 Should entrapment be a defences 73 o Common law defence o Controls against overzealous law enforcement that leads an innocent people to commit crime o Court had power to create common law defence the supreme court did do so for the above reason2 What constitutes entrapment US approachThe criminal design originates in the mind of the government officersUse persuation deceitful representation or inducement to lure the accused into the commission of a criminal actThe government is astopped cant prosecute from prosecution Canadian approachScheme must originate with policePurpose to obtain evidence of crime not committedSo shocking and outrageous to bring administration of justice into disreputeis the conduct of the police such that if ordinary citizens knew about it they would have a lower image of the court3 What is the appropriate remedy Options
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