Entrapment is a defence in the NSW criminal justice system where someone commits a criminal offence by police inducement. Thus, understanding entrapment is important as it protects citizens from over policing and fair legal processes.
What is Entrapment?
Entrapment as a legal concept is all about the origin of the criminal intent and the role of police in creating that intent. This doctrine is important in balancing police’s role in preventing crime and individual’s freedom from government persuasion or coercion. Here, we go into more detail on what constitutes entrapment and its elements.
Let’s use a case example. The case of Ridgeway v The Queen is a perfect example for entrapment. There was a controlled operation in the case where the police induced a person to import heroin. In this case, there was involvement by both the Australian Federal Police and the Malaysian Federal Police.
Basically, this decision emphasises the importance of fair play and the integrity of the criminal justice system. Essentially, the case set a precedent for courts to consider whether police conduct has overstepped acceptable boundaries, and if so, to exclude evidence obtained through those actions.
Origin of Criminal Intent
The core of entrapment is where the idea for the crime came from. For an entrapment defence to succeed, the defending party must show that the police or their agents planted the idea to commit the crime in the defendant’s mind. This is important as it’s about the abuse of power by authorities and getting people to do things they wouldn’t have otherwise done.
Elements of Entrapment
- Source of the Criminal Idea: The most important element of an entrapment defence is to show that the idea to commit the crime did not come from the accused but from the police. This means showing that the police or their agents actively initiated illegal and improper acts.
- Predisposition to Commit the Crime: Evidence must show that there was no predisposition by the accused to commit the crime before their interaction with police. This means the person would not have done the crime under normal circumstances without the police’s intervention or encouragement. Predisposition is often assessed by looking at the person’s past behaviour, criminal history and personal characteristics to see if they would have done the crime independently.
- Overcoming the Will of the Individual: Finally, the police officers involved must have used persuasion or coercion that was enough to overcome the will of the individual. This is not just about offering an opportunity to commit a crime but aboutcoercive tactics, excessive pressure or manipulative strategies that would get an otherwise law abiding person to commit a crime.
Legal Threshold for Entrapment
The legal threshold for entrapment is high. The defence must show that police’s actions were not just a passive offer of an opportunity. Additionally, there must be a showing that there was active and coercive behaviour which would get an ordinary person to commit a crime. This often involves complex arguments and a detailed analysis of the interactions between the accused and police.
Examples and Real Life Scenarios
There have been several high profile cases in Australia that have involved entrapment. These cases often involve law enforcement agents who pose as criminals to get suspects to commit crimes. For example, entrapment is when a law enforcement agent keeps asking a suspect to sell drugs and provides the means and opportunity to do so.
Legal Boundaries and Police
It’s important to understand the legal boundaries police operate within. While proactive strategies are important for crime prevention and solving, they must not infringe on an individual’s right to be free from undue influence to commit a crime.
- Legal guidelines:
- Police activities should only provide opportunities for those who are already willing to commit a crime.
- Don’t create crime by coercing or persuading someone to do a crime they wouldn’t have otherwise done.
Defence Against Entrapment in NSW
In NSW, if the accused can show that their actions were as a result of entrapment, an acquittal of the charge may be possible. Moreover, the defence of entrapment is to show that the individual there was inducement to commit the offence they would not otherwise have committed.
How to Claim Entrapment
Claiming entrapment involves complex legal arguments and a deep understanding of the law. It’s not just about proving persuasion. Furthermore, it is about showing that the persuasion will induce an ordinary person to commit a crime.
Difficulties in Proving Entrapment
Proving entrapment can be tough:
- The onus is often on the defendant to show that their criminal conduct (not just unlawful conduct) was as a result of entrapment.
- There’s a fine line between being given an opportunity to commit a crime and being induced to do so.
The Role of a Lawyer
Having a good lawyer is critical when facing charges where entrapment can be argued. Experienced solicitors can:
- Look for evidence of inducement or forced or involuntary elements by police or law enforcement officers.
- Develop a defence strategy that reflects the facts of the case.
- If judicial discretion existed
Arming the Accused: The Power of Knowledge
Knowing your rights around entrapment is crucial if you’re involved in a criminal investigation or trial. Knowing your legal rights and being able to spot entrapment can make a big difference in the outcome of a case.
Navigating Criminal Law with JB Solicitors
If you or someone you know has been entrapped, you need to get professional help. JB Solicitors deal with all types of criminal defence cases including entrapment cases. With years of experience in Australian law, particularly in NSW, they’ll guide you through the complex criminal law process.
Phone us now. A good lawyer can make the difference in ensuring justice and upholding your rights.
