Defence Involving Other People Flashcards
- Definition of compulsion
Compulsion or duress is the act of compelling a person to do something against their will.
Definition of entrapment
Entrapment occurs when an agent of an enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.
Police v Lavelle
Undercover officers can provide the opportunity for someone who is ready and willing to offend, as long as they do not initiate the persons interest or willingness to offend.
Defence of compulsion - Section 24(1)
- A person who commits an offence under
compulsion - By threats of immediate death or grievous bodily harm
- From a person present when the offence is committed
- Is protected from criminal responsibility
- If he believes that the threats will be carried out and
- If he is not party to any association or conspiracy
R v Joyce
Compulsion must be made by a person who is present when the offence is committed.
Elements of self-defence and defence of another - Section 48
- 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 reasonable to use.
Subjective and Objective test in relation to self-defence (Section 48)
- What are the circumstances that the defendant genuinely believes exist
(whether or not it is a mistaken belief)? - Do you accept that the defendant genuinely believes those facts?
- Is the force used reasonable in the circumstances believed to exist?
- Definition of Alibi
The plea in a criminal charge of having been elsewhere at the material time.
Section 20 requires the Court or Registrar to give the defendant written notice of the requirements of Section 22 and 23. What are the instances where this is required?
- If the defendant pleads not guilty, or
- If the defendant is a child or young person, when they make their first appearance in the Youth Court
O/C case should not interview an alibi witness unless the prosecutor requests them to do so.
Procedure when alibi witnesses are interviewed if requested.
- Advise defence counsel of the proposed interview and give them an opportunity to be present
- If the defendant is not represented, endeavour to ensure the witness is interviewed in the presence of some independent person.
- Make a copy of a witness’s signed statement available to defence counsel.
Enquiries to be made by O/C in relation to an alibi witness
- Ensure a prosecution report (QHA) and an active charges report are prepared on the witness if a defendant puts forward an alibi under section 22(1)
- Make enquiries to confirm or rebut evidence in support of the alibi.
- If the defendant intends to call an expert witness during proceedings, they must disclose to the prosecutor at least 10 working days before the date fixed for the defendant’s trial:
A brief of evidence or report provided by that witness and if that brief or report is not available then a summary of the evidence and the conclusions of any report are required.
- You cannot use the defence of consent in cases involving:
− Aiding suicide
− Criminal actions
− Injury likely to cause death
− Indecency offences
R v Cox (Consent)
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement.”
- Who decides whether there is evidence of self-defence?
The judge
When must a defendant give written notice of the particulars of an alibi to the prosecutor?
Within 10 working days after the defendant is given notice under Section 20
If the name or the address of the witness is not included in the notice of alibi, before giving the notice, the defendant must:
Taken all reasonable steps, and continue to take all reasonable steps, to ensure that the name and
address is ascertained; or if the name or the address is not included in the notice, but the defendant discovers the name or address or becomes aware of any assistance in finding the witness, the defendant must give written notice of the name, address, or other information as soon as practicable.
