7. Defences Involving other people 87- 101

Question 1

What is the defence of compulsion?

Answer 1

A person is protected from criminal responsibility if they have been compelled to commit the offence by someone at the scene who has threatened death or GBH

Question 2

Section 48: the degree of force permitted is tested initially under the following subjective criteria:

Answer 2

• What are the circs that the defendant genuinely believes exists?
• Do you accept that the defendant genuinely believes those facts?
• Is the force used reasonable in the circumstances believed to exist

Question 3

self defence should be put to the jury UNLESS

Answer 3

It would be impossible for the jury to entertain reasonable doubt that the defendant had acted in the defence of him or another

Question 4

If a defendant wishes to give evidence of an alibi what must he do?

Answer 4

Give written notice to the prosecutor of the particulars of the alibi

Question 5

The OC case should not interview an alibi witness unless:

Answer 5

The prosecutor requests them to do so

Question 6

When interviewing an alibi witness, what is the procedure

Answer 6

1. Advise defence counsel and give them opportunity to be present
2. If the defendant is not represented, try and have a independent person present
3. Make a copy of the witness statement and send it to defence

Question 7

What is compulsion?

Answer 7

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

Question 8

In relation to compulsion, what does “immediate” mean?

Answer 8

At the scene from a person present at the time

Question 9

What in effect is a defence of mistake?

Answer 9

A defence of mistake is in effect a denial of intent

Question 10

How does the defence of entrapment apply in New Zealand?

Answer 10

Courts rely on judicial discretion to exclude unfairly obtained evidence

Question 11

What is the test of self-defence?

Answer 11

Subjective

Question 12

Who decides whether there is evidence of self-defence?

Answer 12

The judge

Question 13

What does “alibi” mean?

Answer 13

Being elsewhere at the material time

Question 14

What people are considered unable to give consent?

Answer 14

Children
Unable to rationally understand the implications of their defence
Subject to force, threats of force or fraud

Question 15

What actions do not allow for a defence of consent?

Answer 15

Aiding suicide
Criminal actions
Injury likely to cause death
Indecency