Mistake and Entrapment Flashcards
1
Q
Police v Lavelle
A
- Police may provide the opportunity
- for people ready and willing to offend
- as long as Police did not initiate
- persons interest and willingness to offend
2
Q
Entrapment occurs when?
A
An enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.
3
Q
NZ Courts view on entrapment as a defence
A
Prefer to rely on discretion of trial judge to exclude evidence if the entrapment is unfair against the defendant.
4
Q
R v Liu
A
- If entrapment unfair
- court may exclude evidence
- to prevent an abuse of process
- by avoidance of unfairness
5
Q
Mistake or ignorance is available as a defence except
A
Except in cases where proof of mens rea is unnecessary
