Compulsion

Question 1

what does it mean for accused if proven

Answer 1

Only an excuse so does not fully acquit the accused

Question 2

Elements of compulsion with case

Answer 2

Tiechelman
1. Threats of a particular kind i.e. death or GBH;
2. The threat must be to kill or inflict that harm immediately if demand not met;
3. Threats need to be from a person who is present when offence is committed;
4. D must commit the offence under the belief the threat will be carried out
5. Exclusion: if party to any association or conspiracy whereby he/she is subject to compulsion

Question 2

(threat of particular kind) M had been drinking, partner threatened with violence if she did not drive

Answer 2

Maurirere
Nothing less than a threat of death/GBH will suffice. Here there is no threat of GHB only slap to face

Question 3

(threat of particular kind) gave details of a drug dealer after he was threatened that a third party would “blow his head” off if he didn’t

Answer 3

Teichelman
Must be a specific threat; generalised fear of harm not enough. Also not immediate and third party not present

Question 3

(threat of particular kind) drunkenly thought they were being threatened

Answer 3

Sharma
Mistake of threat not enough

Question 4

(immediately) woman had debts to mob which she planned to repay by using stolen credit cards - mob threatened to kick her head in and rape her daughter

Answer 4

Neho
For compulsion to be argued there has to be not other option but to break the law - here she could have seeked protection, call the police etc. Presence - was not a stand over, MM member was not sufficiently proximate to immediately carry out the offence when she was using the credit cards. Won’t happen immediately as she is in the supermarket

Question 4

(immediately) After people were killed for snitching and a comment was made that anyone who snitched would end up the same R helped dispose the bodies

Answer 4

Raroa
Compulsion is directly essentially at what are called colloquially stand over situation where the accused fears that instant death or GBH will ensue if he does not do what he is told. Threat to help was not coupled with the initial threat to kill them for narking

Question 5

(immediately) S owed a debt to some drug dealers who threatened to kill him after punching him if he did not let them use his house as a meth lab

Answer 5

Sowman
Jimmy was not present which meant he could not have immediately carried out his threat to cause GBH or death

Question 6

(present) Nigerian in NZ threatened by Nigerian that if he did not smuggle drugs into NZ his family in Nigeria would be killed

Answer 6

Akulue
Threat can be to a third party but we are hanging on to immediacy and presence

Question 7

(belief threat will be carried out) committed fraud over 10 years because of fear of husband if she didn’t

Answer 7

Rihari
Rejected that she had a belief that partners threat would be carried out immediately …

Question 7

(exclusion) S owed a debt to some drug dealers who threatened to kill him after punching him if he did not let them use his house as a meth lab

Answer 7

Sowman
“Might perhaps be arguable” that D, by obtaining 6g of meth on credit and then consuming it, made it likely he would be subject to threats of GBH if he did not repay his debt

Question 8

(belief threat will be carried out) M had been drinking, partner threatened with violence if she did not drive

Answer 8

Maurirere
Possibility to escape means that there is no belief of threat

Question 9

(exclusion) M had been drinking, partner threatened with violence if she did not drive

Answer 9

Maurirere
“It is to be recalled that she remained in a relationship with him notwithstanding the acts of violence she described.”