GKH was the target of a police undercover operation during which he was alleged to have sold 4 bags of cocaine to an undercover peace officer. On the date of his arrest (one week after the undercover transaction) GKH was found in possession of five additional baggies of cocaine. Consequently, GKH was charged with the following offences:
- Trafficking in cocaine contrary to section 5(1) of the Controlled Drugs and Substances Act.
- Possession of cocaine for the purpose of trafficking contrary to section 5(2) Controlled Drugs and Substances Act.
- Possessing proceeds of crime contrary to section 354(1) of the Criminal Code.
Patrick Fagan was able to use the legal precedent created in Regina v. ASS aforesaid to pursue an ENTRAPMENT defence.
Bottom Line: Patrick Fagan was successful in killing all charges against GKH by way of an entry of a stay of proceedings .