Mistake Or Entrapment Flashcards
(13 cards)
Entrapment
When an agent of an enforcement body deliberately causes a person to commit an offence so that person can be prosecuted
Mistake
Except when proof of mens rea is unnecessary mistake or ignorance to the facts is available as defence
Overstepping
The line between proper detection and improper adjustment of crime
R v Lavelle
Permissible for undercover officers to provide the opportunity for someone who is ready and willing to offend as long as the officers did not initiate the persons interest or willingness
Self defence s48
Subjective and objective view
Subjective-initial need to use force and self-defence
Objective-degree and manner of force used. Reasonableness.
Pre-emptive strike
Still possible for self-defence
Alibi
S 22
The plea and a criminal charge of having been elsewhere at the material time
The fact of being elsewhere
Written notice of alibi
Defendant must provide prosecutor with particulars of any alibi witness within 10 working days after defendant is given notice
Interviewing alibi witnesses
Should not interview unless prosecutor requests
- Advised defence council of interview and give them opportunity to be present.
- If defence not represented ensure witness is interviewed in the presence of an independent person not being in police.
- Provide copy of statement to defence council via prosecutor.
Defendant expert witness
- must provide brief of evidence
- if not available a summary of the evidence and conclusions of any report provided 10 working days before date of trial
Consent
A persons conscious and voluntary agreement to something desired or proposed by another. Free full voluntary and informed by person in the position to form a rational judgement.
If complaint consented to the act, it is a complete defence
S63
Cannot consent to death
