Client charged with counseling murder in which he was the target of a “Mr. Big” undercover operation. During the course of the operation he asked an undercover officer, who at the time was acting as a crime boss, for advice on how to kill someone. The officer told him he would need an alibi and that het should not kill the person himself as it would attract unwanted attention. At a later date the undercover operation introduced an officer acting as a hit man and the client provided information about the prospective target to this officer and gave direction as to how he wished the murder to be carried out. Defence argued client was entrapped.
Result: Client found to have been entrapped into committing the offence and a stay of proceedings was directed. The specific offence of counseling murder was brought about by the officers’ conduct and would not have occurred without their involvement.