involves agents of state luring people to commit offences or instigating crime
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S78 PACE states...
If D can show entrapment court may stay proceedings as an abuse of process
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Entrapment is a defence in law. True or false?
False!
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What is the test for entrapment?
Whether or not police law enforcement methods were part of bona fide investigation as opposed to being a means of 'preying on the weakness of human nature to create crime for improper purpose'
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What is the principle set out in DPP v Marshall?
may not be regarded as entrapment for officers to make test purchase to see if trader is selling alcohol illegally
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What are the facts of Nottingham CC v Amin?
taxi driver driving outside licenced area - stopped & hired 2 police men in plain clothing
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What was the decision in Nottingham CC v Amin?
officers did not act as agents - admission of ev would not prejudice trial - no ev of A being pressured into picking up officers
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What are the facts of Khan v UK?
listening device unlawfully applied to D's house
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What was the decision in Khan v UK?
did not render trial unfair under article 6 ECHR
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What are the facts of Harmes & Crane?
H & C appealed against judge decision - not to stay prceedings - conspiracy to supply cocaine - claimed they had been entrapped by undercover officers - supplied accused with soft drinks in return for cocaine - H boasted about ability to import large
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What was the decision in Harmes & Crane?
police committed crim acts - was not seriously improper to stay proceedings
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Name the Loosely principles.
(a) where D shows entrapment, court must stay proceedings or exclude ev under S78 PACE (b) grant of stay should be the first appropriate response - to prosecute would affront public conscience
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Name the Loosely principles. (2)
(c) decision to stay proceedings distinct from decision on forensic fairness of admitting ev (d) must consider whether police did no more than present D with opportunity to commit crime
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Name the final Loosely principle.
(e) must consider whether police conduct was so improper to bring administration of justice to dispute
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What must court consider when applying Loosely principles?
nature of offence, reason for police operation, extent of police participation in crime, & D's crim record
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What are the facts of Moon?
police undercover - involving test purchase of drugs
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What was the decision in Moon?
entrapment - conviction quashed - caused M to commit offence rather than provide her with opportunity
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The police must have...
reasonable grounds for suspicion!
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What is a cell confession?
Admissions claimed to have been made by one prisoner to another during joint detention
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The judge in Pringle v R, relating to cell confessions, said...
Judges should be vigilant in these circumstances.
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Other cards in this set
Card 2
Front
What is entrapment?
Back
involves agents of state luring people to commit offences or instigating crime
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