8 Flashcards
Define Automatism
Automatism Can best be described as a state of total blackout, during which a person is not conscious of the actions and not in control of them
What is “sane” and “insane” Automatsm?
Automateism may be quite different and distinct from insanity, although it maybe due to a disease of the mind. Hence it is necessary to distinguish between Sane Automatism them – the result of somnambulism (sleepwalking), A blow to the head or the effects of drugs insane automatism – the result of a mental disease.
What is the courts view of entrapment?
In New Zealand the courts have rejected entrapment as a defence per say, preferring instead to rely on the discretion of the trial judge to exclude evidence that would operate unfairly against the accused
Outline the subjective and objective tests relating to section 48 of the crimes act 1961
Once the accused has decided that use of force was required (A subjective view of the circumstances as the accused believed them), Section 48 then introduces a test of reasonableness which involves an Objective view as to the degree and manner of the force used
What was held in Police v Lavelle?
It is permissible for undercover offices to merely provide the opportunity for someone who is ready and willing to offend, as long as the officers did not initiate the persons interest or willingness to so offend.
What is the procedure when alibi witnesses are interviewed?
The OC case should not interview an alibi witness unless the prosecutor requests them to do so. If an interview is required, follow this procedure.
Advise the defence counsel of the proposed interview and give them a reasonable opportunity to be present.
If the accused is not represented, endeavour to ensure the witness is interviewed in the presence of some independent person not being a member of the police.
Make a Copy of a witnesses signed statement taken at any such interview available to defence counsel through the prosecutor. Any information that reflects on the credibility of the alibi witness can be with held under section 16(1)(o)
If the defendant intends to call an expert witness during proceedings, what must they disclose to the prosecution?
Any brief of evidence to be given or any report provided by that witness, or
If that brief or any such report is not available, a summary of the evidence to be given and the conclusions of any report to be provided.
This information must be disclosed at least 14 days before the date fixed for the defendants hearing or trial, or with any further time that the court may allow Any brief of evidence to be given or any report provided by that witness, or
If that brief or any such report is not available, a summary of the evidence to be given and the conclusions of any report to be provided.
This information must be disclosed at least 14 days before the date fixed for the defendants hearing or trial, or with an any further time that the court my allow(s23(1))
R v Cottle Action without conscious volition (Automatism)
Doing something without knowledge of it and without memory afterwards of having done it, a temporary eclipse of consciousness that nevertheless leaves the person so affected able to exercise bodily movements
Murray Wright Ltd
Because the killing must be done by a human being, and organisation (such as a hospital or food company) Cannot be convicted as a principal offender
R v Piri
Recklessness (here) involves a conscious deliberate risk-taking. The degree of risk of death foreseen by the accused under either section 167(b) or (d) must be more then negligible or remote. The accused must recognise a “real or substantial risk” that death would be caused
