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Section 252A undercover evidence admissible: police conduct was only an opportunity, not impermissible inducement; onus discharged beyond reasonable doubt.
Criminal procedure – Section 252A CPA – use of traps/undercover operations – whether conduct goes beyond providing an opportunity to commit an offence – admissibility of evidence. Section 252A(2) – factors to be considered holistically and cumulatively (approval, nature of offence, inducement, persistence, proportionality, exploitation, timing, handlers’ conduct). Section 252A(6) – onus on prosecution to prove admissibility; court applied and found onus discharged beyond reasonable doubt. Section 252A(3) – discretionary balancing of public interest against accused’s personal interests when conduct goes beyond opportunity. Constitutional law – right to a fair trial (s35) – undercover operation did not infringe protected rights.
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24 January 2022 |