What is the effect of staying proceedings on the basis of abuse of process and the defence of entrapment?
Canada (Federal), Canada
The following excerpt is from R. v. Jewitt, [1985] 2 SCR 128, 1985 CanLII 47 (SCC):
48. Staying proceedings on the basis of abuse of process, and in particular, on the basis of the defence of entrapment, in my view, amounts to a decision on a complex question of law and fact. Entrapment has been defined as the conception and planning of an offence by a law enforcement officer and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion or fraud of the officer: see Sorrells v. United States, 287 U.S. 435 (1932) at p. 454. This is more than a mere procedural defect.
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