What are the elements of the entrapment defence?

British Columbia, Canada


The following excerpt is from R. v. Au Canada Monetary Exchange inc., 1999 CanLII 5510 (BC SC):

After considering the elements of the defence, as stated by Estay J. in Amato v. The Queen (1982) 1982 CanLII 31 (SCC), 69 C.C.C. (2d) 31 C.P.P. 61-2, he stated at p. 550: ... The question is whether the conduct of the police has exceeded acceptable limits. The issue is whether this conduct should be evaluated in light of the particular accused or whether the analysis should be more detached and focus on police conduct with accused persons generally. I have come to the conclusion that it is the latter method of analysis which is the most consistent with the reasons for recognizing the doctrine of entrapment, and which best achieves the objective of ensuring that the administration of justice commands the respect of the community.

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