[2004] EWCA Crim 2872

It was an abuse of process to prosecute the defendant heroin addict for an offence of possession with intent to supply drugs where an undercover police officer had caused, rather than provided a mere opportunity for, the commission of a crime by persuading the defendant to supply her with heroin. The prosecution should have been stayed.

CA (Crim Div) (Rix LJ, Poole J, Judge Fabyan Evans)

10/11/2004