Accused pleaded guilty to trafficking in cocaine. Entrapment / abuse of process argument rejected. Issue regarding sentence. Accused was known to police to be a drug addict. As part of an undercover inner city operation, police approached accused regarding a request to purchase cocaine. Accused arranged for a small scale transaction, in exchange for the accused getting a piece of cocaine. Crown sought 12 months jail in accordance with Perrot, 2015 ABCA 209.
Held: 90 days jail.
Although entrapment not established, Court “troubled” by police actions. “It is arguable that testing the virtue of an addict by tempting the addict with access to drugs is nothing more than re-victimizing the same victims that our harsh drug laws seek to protect … State actions that compromise respect for the rule of law and fair treatment can properly be addressed in sentencing.”
L. McClean – Defence Counsel