7. Defences Involving Other People

Question 1

Immediacy and presence required in threats

Answer 1

Must be immediate and from a person present at the time

Caselaw Joyce

Question 2

Can entrapment be used as a defence?

Answer 2

No, in NZ the courts have rejected entrapment as a defence per se, preferring instead to reply on the discretion of the trial judge to exclude evidence that would operate unfairly against the defendant

Question 3

Self defence subjective objective yes

Answer 3

Once the defendant has decided that use of force was required, section 48 then introduces a test of reasonableness which involves an objective view as to the degree and manner of the force used

Question 4

Alibi definition

Answer 4

As the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere

Question 5

3 things when alibi witness interviewed

Answer 5

1. Advise the defence counsel of the proposed interview and give them a reasonable opportunity to be present
2. If the defendant is not represented, endeavour to ensure the witness is interviews in the presence of some independent person not being a member of the police
3. Make a copy of a witness signed statement taken at any such interview available to defence counsel through the prosecutor. Any evidence that reflects on the credibility of the alibi witness can be withheld

Question 6

Expert evidence, when must info be disclosed?

Answer 6

10 working days before trial

Question 7

Joyce caselaw

C
C
P
P
O
C

Answer 7

Court of appeal decided that the 
Compulsion must be made by a 
Person who is
Present when the
Offence is
Committed

Question 8

Lavelle caselaw

P
U
M
P

Answer 8

Permissible for undercover officers to 
Merely provide the 
Opportunity for someone who is
Ready and willing to offer
As long as the officers did not initiate the persons interest or willingness to offend