7. Defences Involving Other People - Consent Flashcards
1
Q
Point 1
Must Know
A
- Compulsion or duress is a defence when a person acts solely as a result of threats.
2
Q
Point 2
Must Know
A
- The threats must operate on the person’s mind at the time of the offence and he or she must genuinely believe them.
3
Q
Point 3
Must Know
A
- The threat must be immediate from a person present at the offence.
4
Q
Point 4
Must Know
A
- Compulsion or duress is not a defence to specific offences listed in the Crimes Act 1961.
5
Q
Point 5
Must Know
A
- An honest belief is a defence except when there is a statutory provision to establish reasonable grounds.
6
Q
Point 6
Must Know
A
- Entrapment is rejected as a defence and instead the judge will rule on the fairness or unfairness of the evidence.
7
Q
Point 7
Must Know
A
- Self-defence as a defence depends on the defendant’s subjective view of the circumstances and the court’s view of whether the force was ]reasonable.
8
Q
Point 8
Must Know
A
- An alibi defence requires written notice within 10 working days after an defendant has been given notice under section 20.
9
Q
Point 9
Must Know
A
- An alibi requires evidence of both time and place.
10
Q
Point 10
Must Know
A
- A defence of consent requires that the act that is consented to is understood and that consent is given voluntarily.
11
Q
Point 11
Must Know
A
- Some sections of the Crimes Act 1961 specifically exclude consent as a defence.
