Mistake and Entrapment Defences

Question 1

DEFINE ENTRAPMENT

Answer 1

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

Question 2

ENTRAPMENT DEFENCE

Answer 2

In New Zealand the courts have rejected entrapment as a defence per se, preferring instead to rely on the discretion of the trial judge to exclude evidence that would operate unfairly against the defendant.

Question 3

CASE LAW: R V LAVELLE

Answer 3

It is permissible for undercover officers to merely provide the opportunity for someone who is ready and willing to offend, as long as the officers did not initiate the person’s interest or willingness to so offend.