JURY ACQUITTAL: AGENT FOR THE PURCHASER DEFENCE SUCCESSFUL IN TRAFFICKING CRACK COCAINE CASE

Magda Wyszomierska secured an acquittal for her client in a trafficking of crack cocaine

jury trial at 361 University in Toronto. The Crown alleged that Magda’s client trafficked

drugs to an undercover police officer. Magda argued that her client’s actions were to

assist the purchaser, the undercover officer. It is not a criminal offence in itself to

purchase drugs in Canada. Our highest Court leaves open a defence to people who find

themselves in the circumstances where it is the accused’s intention to assist the purchaser.

However, the scope of that defence is only limited to cases where the accused’s intention

was solely to assist the purchaser. Through effective cross examination of police officers,

Magda uncovered details of the undercover officer’s prior dealings with her client,

bolstering her argument that her client’s intention was to facilitate the purchase and not to

facilitate the sale of the crack cocaine. After deliberating, the jury returned a verdict of

not guilty. August 2010