LAWS 2302 Lecture Notes - Lecture 11: Mens Rea, 18 Months, Mental Disorder
16 Jan 2017
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Entrapment is a practice whereby a law enforcement agent induces a person to commit a criminal offense that the person would have otherwise been unlikely to commit. The authorities provide a person with an opportunity to commit an offence without acting on a reasonable suspicion that this person is already engaged in criminal activity or pursuant to a bona fide inquiry. Although having such a reasonable suspicion or acting in the course of a bona fide inquiry, they go beyond providing an opportunity and induce the commission of an offence. It is essential that the factors relied on by a court relate to the underlying reasons for the recognition of the doctrine in the first place. Only really see it in drug cases very rate to see this defense. Entrapment is not when the undercover cop lies to the accused.
