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

Define alibi

Answer 4

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

Question 5

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

Answer 5

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

Question 6

The OC case should not interview an alibi witness unless:

Answer 6

The prosecutor requests them to do so

Question 7

When interviewing an alibi witness, what is the procedure

Answer 7

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 8

1. What is compulsion?

Answer 8

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

Question 9

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

Answer 9

At the scene from a person present at the time

Question 10

3. What in effect is a defence of mistake?

Answer 10

A defence of mistake is in effect a denial of intent

Question 11

4. How does the defence of entrapment apply in New Zealand?

Answer 11

Courts rely on judicial discretion to exclude unfairly obtained evidence

Question 12

5. What is the test of self-defence?

Answer 12

Subjective

Question 13

6. Who decides whether there is evidence of self-defence?

Answer 13

The judge

Question 14

7. What does “alibi” mean?

Answer 14

Being elsewhere at the material time

Question 15

8. What people are considered unable to give consent?

Answer 15

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

Question 16

What actions do not allow for a defence of consent?

Answer 16

Aiding suicide
Criminal actions
Injury likely to cause death
Indecency