7. Defences Involving Other People

Question 1

Compulsion

Answer 1

The act of compelling a person to do something against their will.

A person acts under compulsion if they are threatened of immediate death or GBH to themselves or another person present when the offence is committed.

Question 2

Compulsion
s24

Answer 2

A person who commits an offence under compulsion by immediate threats of their life of any other person present at the time of the compulsion is protected from criminal responsibility if they believe the threats were to be carried out and if he is not a party to any association or conspiracy to the offence.

Question 3

Is a defence of compulsion if they were a party to any association or conspiracy?

Answer 3

No

Question 4

R v JOYCE

[Not present so no JOY]

Answer 4

Court of appeal decided that compulsion must be made by a person who is present when the offence is committed

Question 5

Immediacy in compulsion

Answer 5

R v Perrott

Woman convicted for receiving firearms and other items in a burglary. She appealed the conviction and went down the compulsion route. No evidence that compulsion occurred at the time of the burglary or receiving. Therefore it is not a defence as it didn’t occur at the time

Question 6

Mistake

Answer 6

Defence does not have to prove on reasonable grounds that it was a mistake (cannabis seed were actually tomato seeds).

Reasonableness will determine if that mistake was honest or not

Question 7

Can mistake be used as a defence?

Answer 7

Yes if the offence has elements of intention, knowledge or subjective recklessness then a person may be acquitted if there was no such state of mind at the time

Question 8

What is entrapment?

Answer 8

When LEO deliberately causes a person to commit an offence so that person can be prosecuted

Question 9

Is entrapment a defence?

Answer 9

Usually not but it is on the judge to exclude evidence if it was unfair

Question 10

How does a judge exclude fairness in entrapement?

Answer 10

Court will examine why the defendant was targeted and how the agent was involved in the initiation of the offence

Question 11

When can the court exclude evidence from UC

Answer 11

1) Initiated or encouraged someone to offend who would of never offended in the first place

2) Close personal relationship

Question 12

What is the leading caselaw for entrapment?

Answer 12

P v Lavelle

LAVELLE offered opportunities in prostitution to a UC, and UC suggested a male client (another UC). LAVELLE made the move to speak to male UC and then was arrested.

Court showed that LAVELLE had a continuing interest in recruiting woman for the purposes of prostitution and making money off them.

Question 13

P v LAVELLE

Answer 13

Permissible for UC to provide the opportunity for someone who is ready and willing to offend, as long as the officers did not initiate the persons interest or willingness to so offend

Question 14

Self defence
s48

Answer 14

Everyone is justified is using such force in defence of themselves or another , such force as in the circumstances he believes them to be

Question 15

What are the subjective criteria for self defence s48?

Answer 15

• circumstances the defendant believes exists
• do you accept the defendant believe those facts?
• is the force used reasonable for the circumstances the defendant believes?

Question 16

Who decides what evidence could be the basis for s48

Answer 16

Judge

Question 17

Who decides if the force used is reasonable in s48

Answer 17

Jury

Question 18

What is an alibi

Answer 18

Being elsewhere at the time

Question 19

Notice of alibi
s22 Criminal disclosure act 2008

Answer 19

• Defendant must particulars of the albili within 10 workings days for the prosecutor
• Name of witness, address or any other material to finding such witness
• Defendant must make all steps to ascertain particulars of this witness
• Defendant must notify prosecutor of any new info for witness

Question 20

Who makes witness alibi enquires and what they must provide to the court?

Answer 20

O/C and also to provide QHA and active charges report

Question 21

Steps when alibi witness are interviewed

Answer 21

1) Notify defence so that they can be present
2) If Defendant is self representing then ensure non Police member is there during interview
3) Make copy of the witness statement available to defence

Question 22

What does defence need to disclose if intending to call on an expert witness?

Answer 22

1) any brief of evidence or report provided by the witness

2) if the above is not available then a summary of the brief of evidence or the conclusion of the report

3) must be given to the prosecution within 10 working days of the trial or any date set by the court

Question 23

Consent

Answer 23

Is a persons conscious and voluntary agreement to something desired or proposed by another

Question 24

R v Cox
Case law for consent

Answer 24

Consent must be full, voluntary, free and informed…made by a person who can form a rational judgement