n Tydskrif vir die Suid-Afrikaanse Reg - Some comments on entrapment : regspraak
|Article Title||Some comments on entrapment : regspraak|
|© Publisher:||Juta Law Publishing|
|Journal||Tydskrif vir die Suid-Afrikaanse Reg|
|Publication Date||Jan 2010|
|Pages||835 - 843|
|Keyword(s)||University of Johannesburg|
ISI Social Science
Kotzè v S 2010 1 All SA 220 (SCA); Zürich v S 2010 1 All SA 352 (SCA)
The use of entrapment as an investigative method to apprehend and ultimately prosecute individuals is controversial and has been widely criticised in various jurisdictions (Stegmann "A point at which the law and morality may part" 1991 SALJ 688 702; Kruger Hiemstra's Criminal Procedure (2009) 24-117; Bertelsmann et al Criminal Procedure in the Magistrate's Court (2009) 14-33). The terms "traps" and "undercover operations" are often used interchangeably, as the actions that constitute each can overlap. There will however be instances where an undercover operation does not involve the use of a trap, for example where an undercover operation is aimed at the gathering of information only. The definition of a trap is generally accepted as a procedure in which "a person who, with a view to securing the conviction of another, proposes certain criminal conduct to him, and himself ostensibly takes part therein. In other words he creates the occasion for someone else to commit the offence" (S v Malinga 1963 1 SA 692 (A) 693; also see Lachman v The State (432/09) 2010 ZASCA 14 par 27-33 (unreported)).
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