Jury Acquittal: Agent for the Purchaser defence successful in trafficking in 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 for those whose intention is 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 was able to uncover details of the undercover officer’s prior dealings with her client, demonstrating that her client’s intention was to facilitate the purchase and not to facilitate the sale of the crack cocaine. After a swift deliberation the jury returned a verdict of not guilty.