6. Defences involving other People Flashcards
What is the legislation regarding compulsion, s24?
a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who is present when the offence is committed is protected from criminal responsibility if he believes that the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion.
What is needed for compulsion?
- the belief in the threat must be genuine
- the threats must be “immediate” and from a person present at the time
- they must not be a party to any association or conspiracy involved in carrying out the threats
What is the case law regarding compulsion?
The Court of Appeal decided that the compulsion must be made by a person who is present when the offence is committed.
(R v Joyce)
What is held regarding mistake as a defence?
“except in the cases where proof of mens rea is unnecessary, bona fide mistake or ignorance as to matters of fact is available as a defence”.
There is no obligation on the part of a defendant to prove that they had reasonable grounds for the belief they had.
What is the definition of entrapment?
occurs when an agent of an enforcement body deliberately causes a person to commit an offence, so that the person can be prosecuted.
Can entrapment be used as a defence?
No, instead it is up to the trial judge to exclude evidence that would operate unfairly against the defendant.
What is the case law regarding undercover officers and entrapment?
It is permissible for undercover officers to merely provide the opportunity for someone who is ready and willing to offend, as long as the officers did not initiate the person’s interest or willingness to so offend.
(Police v Lavelle)
What is the legislation regarding self-defence, 48?
Everyone is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.
What is the subjective test around the degree of force permitted?
1) what are the circumstances that the defendant genuinely believes exist
2) do you accept that the defendant genuinely believes those facts
3) is the force used reasonable in the circumstances believed to exist?
What notice is required for an alibi defence?
the defendant must provide the prosecutor with written notice of an alibi particulars within 10 working days after the defendant pleads not guilty.
If the defendant intends to call an expert witness, what must they disclose to the prosecutor?
they must give notice of expert evidence and must disclose a brief of evidence or report at least 14 days before the date is fixed for the trial.
What is held regarding consent as a defence?
someone accused of an offence may defend their actions by saying that they had the complainants consent to do what they did.
The general rule is that acts are criminal only when they are done against the will of the person affected or the owner of the property concerned.
What is held regarding criminality?
if the act itself is criminal, it cannot be made lawful merely because the person whom it will harm consents to it.
What is compulsion or duress?
the act of compelling a person to do something against their will.
What does alibi mean?
it means being elsewhere at the material time.
