7. Defences Involving Other People

Question 1

R v Joyce (Presence)

Answer 1

Compulsion must be made by a person who is present when the offence is committed

Question 2

Explain entrapment

Answer 2

An agent of enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted

Question 3

Outline s48 Self-Defence and of another

Answer 3

Everyone is justified in using, in the defence of himself or another, such force, in circumstances he believes is reasonable to use

Question 4

Courts view of entrapment ?

Answer 4

NZ have rejected entrapment as a defence, preferring to reply on the discretion of the trial judge to exclude evidence that would operate unfairly against the defendant

Question 5

Outline subject and object test relating to s48 ?

Answer 5

Subjective - Defendant decides to use force as required.
Objective - Introduce test of reasonableness, involves an objective view as to the degree and manner force is used

Question 6

Subjective criteria for degree of force used ?

Answer 6

• What are the circumstances that the
defendant genuinely believes exist?

• Do you accept the defendant genuinely believes those facts ?

• Is force used reasonable in the circumstances believed to exist ?

Question 7

Purpose of s48 ?

Answer 7

Forced was used for the purpose of defending the defendant or another person.

Force unreasonable liable under s62

Question 8

Pre-emptive strike relating to self defence ?

Answer 8

Possible for self defence to be raised as a defence.

R v Ranger “Jury could not entertain a reasonable doubt as to whether a preemptive strike with a knife would be reasonable force in all circumstances

Question 9

Procedure when alibi witness are interviewed ?

Answer 9

1. Advice defence counsel of proposed interview and give reasonable opportunity to present
2. Defendant is not represented, ensure witness is interviewed in the presence of independent person not being a police member
3. Make a Copy of witness FWS available to defence counsel through prosecution.

Question 10

If defendant intends to call an expert witness during proceedings, what must they disclose to prosecutor

Answer 10

Information disclosed at least 10 working days before the date fixed for the defendants trial or within any further time that the court may allow.

Question 11

Consent used as a defence ?

Answer 11

Act is consented to is understood and that consent is given voluntarily