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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

Second Issue

Was [UO's] evidence obtained via entrapment?

Third Issue

Did the police present no more than an 'unexceptional opportunity' for X to commit a crime?

Fourth Issue

Was the police's conduct more than might be expected of others?

Fifth Issue

Would the crib have been committed without the nature and extent of police involvement?

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.

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"

Seventh Issue

If you did not exclude, are there any mitigating factors applying to X's case?