CHAPTER 7 Flashcards
S24 Compulsion
Threats of immediste death or GBH
Person must be present (JOYCE)
protected from criminal responsibility
Believes threats will be carried out
Entrapment
When an agent of an enforcement body deliberately causes a person to commit an offence so they can be prosecuted.
Nz courts rejected entrapment as defence
Discretion of Judge to exclude evidence
Subjective test
Defendant decides use of force required, a subjective view of the circumstances as defendant believed them
Objective test
Reasonableness in the degree and manner of the force used
S48 self defence or defence of another
Everyone is justified in using in the defence of himself or another such force as In the circumstances as he believes them to be it is reasonsable to use.
Degree of force questions (3)
Subjective criteria -
- circumstances defendant believes exist?
- accept defendant believed these facts?
- is force used reasonable in circumstances?
Alibi PCC EMT (10 wrking days, name addresS)
the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere”
10 working days notice.
Must contain name address of witness.
Or info to assist if not known
Interviewing alibi witness - reasonable opportunity
Advise defence for presence- Reasonable opportunity
If no defence then independent person
Make statement available to defence through prosecutor
Credibility info can be withheld
Defence expert witness disclosure (10 wrk days)
Brief of evidence
Or summary
Disclosed at least 10 working days before trial
Consent to assault (3)
Everyone has the right to consent to surgical ops
” “ inflcition of force not involving bodily harm
No one has a right to consent to their death or an injury likely to cause death
Year and a day
The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place.
