R. v. Mercer

R. v. Mercer

The court found police had a credibly based belief that solicitation was occurring in the specific downtown area (bona fide inquiry); the undercover officer merely provided an opportunity, did not induce or exploit Mr. Mercer, and there was no objectionable police conduct; the defence failed to prove entrapment on the balance of probabilities, so the application for a stay was dismissed and the conviction was confirmed.

Citation
2017 NSPC 3
Parties
Prosecutor: Her Majesty the Queen; Accused: John Russell Mercer
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 January 2017
Procedural Posture
Criminal / Application for Stay of Proceedings on Grounds of Entrapment After Guilty Plea
Outcome
Application for stay of proceedings dismissed; conviction confirmed.
Legal Topics
Entrapment, Abuse of Process, Solicitation/prostitution Offences, Undercover Operations, Charter S.7
Source Language
English
Criminal Law Constitutional Law Entrapment Abuse of Process Solicitation/prostitution Offences Undercover Operations Charter S.7

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Parties

Her Majesty the Queen

Prosecutor

John Russell Mercer

Accused

Procedural Posture

Criminal / Application for Stay of Proceedings on Grounds of Entrapment After Guilty Plea

Legal Issues

  1. 1 Whether police conduct amounted to entrapment
  2. 2 Whether police were conducting a bona fide inquiry
  3. 3 Whether police went beyond providing an opportunity and induced the offence

Ratio Decidendi

The court found police had a credibly based belief that solicitation was occurring in the specific downtown area (bona fide inquiry); the undercover officer merely provided an opportunity, did not induce or exploit Mr. Mercer, and there was no objectionable police conduct; the defence failed to prove entrapment on the balance of probabilities, so the application for a stay was dismissed and the conviction was confirmed.

Court Disposition

Application for stay of proceedings dismissed; conviction confirmed.

Orders

  • Application for stay of proceedings on grounds of entrapment dismissed.
  • Conviction for communication for the purpose of obtaining sexual services contrary to s.286.1(1) Criminal Code of Canada confirmed.