Mistake and entrapment

Question 1

Mistake

Answer 1

Except in cases where proof of mens rea is unnecessary , bona fide mistake or ignorance as to matter is available as a defence

Question 2

Entrapment

Answer 2

Occurs when an agent of an enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.

Question 3

Self defense

Answer 3

S 48 CA61
Self defense off self or another
In the defence of himself or another using such force as in the circumstances he believes to be reasonable

Question 4

Subjective / Objective test

Answer 4

Subjective view of the circumstances

Objective view as to the degrees and manner of force used

Question 5

Degree of force used

Answer 5

Whether in the circumstances that the defendant genuinely believes exists (whether or not it is mistaken belief)
Do you accept that the defendant genuinely believes those facts
Is the force used reasonable in the circumstances believed to exist

Question 6

s.62

Answer 6

Use of excessive force - may be liable