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8 Cards in this Set
- Front
- Back
First Issue |
Does the judge have discretion to exclude [UO's] evidence to due entrapment? - bullet point if run out of time |
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Second Issue |
Was [UO's] evidence obtained via entrapment? |
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Third Issue |
Did the police present no more than an 'unexceptional opportunity' for X to commit a crime? |
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Fourth Issue |
Was the police's conduct more than might be expected of others? |
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Fifth Issue |
Would the crib have been committed without the nature and extent of police involvement? |
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Conclude |
Based on the above reasoning, the judge is likely to conclude that the police's conduct [did/did not] amount to state created crime and was therefore [an/not an] 'affront to the public conscience'. [UO's] evidence [was/was not] improperly obtained and, applying s30 evidence act [would/would not] be excluded. |
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Sixth Issue |
If you excluded the evidence... "if the evidence is excluded, the judge may choose to exercise his discretion to dismiss the case under s147 Criminal Procedure Act 2011" |
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Seventh Issue |
If you did not exclude, are there any mitigating factors applying to X's case? |