Defences Cases Flashcards
R v Terewi
Self-defence
Facts:
- Told police to piss off or he would shoot them
Held:
- Threats may be reasonable if you believe what you are responding to is also a threat
- Applies even if mistaken belief
Graves v NZ Police
Self-defence
Facts:
- Drunk dude broke into own house
- Police came in and he confronted them with pistol
Held:
- Not reasonable response to perceived threat
Simpson v R
Self-defence
Facts:
- Drunk brothers
- Smashed head into counter
Held:
- Head injury relevant
- D could use more force as he was about to lose capacity to defend himself
R v Lindroos
Self-defence
Facts:
- Sleepout case
- Knife causing GBH
Held:
- Delay meant not acting in self-defence but revenge
R v Murray
Self-defence
Facts:
- Knifed partner’s brother
- Brother a superior fighter
Held:
- Force with knife reasonable because of characteristic discrepancy
R v Raroa
Compulsion
Facts:
- Threatened to help dispose of body
Held:
- Need an actual present threat
- Mistaken belief of threat is not enough
- Compulsion is a very narrow defence
R v Neho
Compulsion
Facts:
- Women owing money to mongrel mob
- Credit card fraud
Held:
- No immediacy
- Threat must be able to be completed immediately
Akulue v R
Compulsion
Facts:
- Threat to harm family back in Nigeria
Held:
- Reject the wider Canadian interpretation of compulsion
Kapi v MOT
Duress
Facts:
- Hit and run
- Failed to stop car cause threat
Held:
- Duress will often overlap with compulsion
Leason v AG
Duress
Facts:
- Tried to destroy satelight
- Tried to prevent harm from 2nd Iraqi war
Held:
- No duress
- No way of knowing if peril would exist or whether their actions would help
Re A
Necessity
Facts:
- Conjoined twins
Held:
- The act was necessary to avoid inevitable and irreparable evil
- No more should be done than reasonably necessary
- Evil inflicted must not be disproportionate to the evil avoided
Kirby v R
Intoxication
Facts:
- Burglary and arson of ex-girlfriends house
- Drunk
Held:
- Requirements for intoxication are fact dependent
R v Barnes
Consent
Facts:
- Football match with serious leg injury
Held:
- Implied consent in sport
- But if injury further than implied scope may be liable
R v Lee
Consent
Facts:
- Exorcism
Held:
- Endorsed Barnes
- Except for fighting, consent is defence when no more than mere bodily injury intented and caused
R v Barker
Consent
Facts:
- Scarification
Held:
- Presumed ability to consent to infliction if injuries unless good reasons to the contrary
S v R
Consent
Facts:
- Finger case
Held:
- Sliding scale from Barker
R v Kempson
Consent
Facts:
- Grace Milane
Held:
- Consent not available for death
- Consent not available for dangerous act if act intended is known to be likely to cause death
Police v Kawiti
Duress
Facts:
- On Marae with partner
- People had encouraged partner to beat her
- She drove to hospital with excess blood alcohol
Held:
- Duress of circumstances = a case involving a non-human threat
- Here threat from injuries not human
- Aquitted
R v Nazif
Consent
Higher standard for honest belief of consent in sexual violation cases
R v Bannin
Consent
Burden of negating defence of consent/honest belief in consent is on prosecution
R v Tu
Insanity
Facts:
- Guy with autism
Held:
-For natural imbecility there is an essential requirement of mental weakness
R v Armstrong
Facts:
- Man convinced friend was a demon
Held:
- He appreciated the nature, but not the quality of his actions
- Did not understand victim was a human being
- By not realising it was a human he was aquitted
- Not realising someone is human impacts quality of the act
R v Dixon
Insanity
Facts:
- Violent rampage with samuri sword
Held:
- Neurological capacity is irrelevant
- Question is whether they knew at time that it was morally wrong
R v Hamblyn
Insanity
Facts:
- DID case
Held:
- The ‘alters’ in control understood the nature and quality of the acts
- The alters were sane
- Guilty of the offences
Cameron v R
Automatism
Facts:
- Sexomnia
Held:
- Without treatment reccurance is inevitable
- Held insane automatism
R v Hutchinson
Duress
Causation needed
Police v Coll
Duress
Facts:
- 18 y/o’s friend stabbed in face at party
- Phone dead and others at party
unwilling to help
- Sped and had been drinking
Held:
- A reasonable person with D’s characteristics would have responded similarly
