7. Defences Involving Other People - Progress Test 6 Flashcards
1
Q
- What is compulsion?
Must Know
A
- Compulsion is the act of compelling a person to do something against their will.
2
Q
- In relation to compulsion, what does “immediate” mean?
Must Know
A
- In relation to compulsion, “immediate” means at the scene from a person present at the time.
3
Q
- What in effect is a defence of mistake?
Must Know
A
- A defence of mistake is in effect a denial of intent.
4
Q
- How does the defence of entrapment apply in New Zealand? Outline at least one case to explain your answer.
Must Know
A
- With the defence of entrapment in New Zealand, the courts rely on judicial discretion to exclude unfairly obtained evidence. Police v Lavalle (1979) provides police good guidance
on how the courts apply judicial discretion in the context of “entrapment”. In that case, the
Court of Appeal held that the undercover officers were merely providing L the opportunity to
recruit (and live off the earnings) of women involved in prostitution, an activity the evidence showed he was already willing to engage in.
5
Q
- What is the test of self-defence?
Must Know
A
- The test of self-defence is subjective.
6
Q
- Who decides whether there is evidence of self-defence?
Must Know
A
- Evidence of self-defence is decided by the judge.
7
Q
- What does “alibi” mean?
Must Know
A
- Alibi means being elsewhere at the material time.
8
Q
- What people are considered unable to give consent?
Must Know
A
- People are considered to be unable to give their consent if they are:
− a child
− unable to rationally understand the implications of their defence
− subject to force, threats of force or fraud.
9
Q
- What actions do not allow for a defence of consent?
Must Know
A
- You cannot use the defence of consent in cases involving:
− aiding suicide
− criminal actions
− injury likely to cause death
− bodily harm likely to cause a breach of the peace
− indecency offences
− the placing of someone in a situation where they are at risk of death or bodily harm.
