Summary

38903

Cheung Wai Wallace Li v. Her Majesty the Queen

(B.C.) (Criminal) (As of Right)

Keywords

Criminal law - Defences - Criminal law - Defences - Entrapment - Dial-a-dope operations - Whether the appellant was entrapped by the police into committing a narcotic offence - Whether the police had a “reasonable suspicion” that the appellant was already engaged in criminal activity - Whether the telephone communication initiated by the police in this case was pursuant to a bona fide investigation so as to preclude a finding of entrapment. .

Summary

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In the context of a dial-a-dope operation, the appellant, Mr. Li, pled guilty to one count of trafficking in cocaine contrary to s. 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, but argued that the proceedings should be stayed on the basis that the charge was a result of police entrapment. The Provincial Court of British Columbia found Mr. Li was entrapped into committing the narcotics offence and ordered a stay of proceedings. A unanimous Court of Appeal allowed the Crown’s appeal from the judicial stay, ordered that the stay be set aside, and remitted the case back to trial court for sentencing. The Court of Appeal concluded that the trial judge misapprehended portions of the evidence, misapplied the legal test for entrapment, and reached a conclusion that was not available on the evidence.