Frequently Asked Questions

Q: Can entrapment be used as a defence in criminal law?

Although, there is no substantive defence of entrapment available in Australia, numerous judgments in case law has suggested that in circumstances where a person would normally not have committed an offence, but for, the activities of an agent provocateur, there may be a significant reduction in the sentence imposed by the courts.

It should be noted that the courts will generally take a commonsense approach in cases involving entrapment, and will make an assessment of the surrounding circumstances of a case, and if there was a reasonable possibility that the person would not of committed the offence, but for, the behaviour of an agent provocateur, a reduction in the overall sentence might suffice.

 



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