Defences continued Flashcards
Crimes Act 1961
Section 24
Defence of Compulsion
(1) Subject to the provisions on this section, a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who is 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 a party to any association or conspiracy whereby he is subject to compulsion.
Threats
- The defendant must have genuinely believed the threats
- the threats must be ‘immediate’ and from a person present at the time
R v Joyce
The Court of appeal decided that the compulsion must be made by a person who is present when the offence is committed.
Mistake
Except in the cases where proof of mens rea is unnecessary, bona fide mistake or ignorance as to matters of fact is available as a defence
The reasonableness or otherwise of that belief may nonetheless be important as an index as whether or not it was honestly held.
Police v Lavelle
It is permissible for undercover officers to merely provide the opportunity for someone who is ready and willing to offend, as long as the officers did not initiate the person’s interest or willingness to so offend.
Judge to decide evidential threshold
The judge decides whether the evidence that could be the basis for self-defence is fit to be left to the jury. Self-defence should be put to the jury unless it would be impossible for the jury to entertain a reasonable doubt that the defendant had acted in the defence of himself or another.
Criminal Disclosure Act 2008
Section 22
Notice of Alibi
(1) if a defendant intends to adduce evidence in support of an alibi, the defendant must give written notice to the prosecutor of the particulars of the alibi.
(2) The notice under subsection (1) must be given within 10 working days after the defendant is given notice under section 20
(3) Without limiting subsection (1), -
(a) the notice under subsection (1) must include the name and address of the witness or, if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness; or
(b) if the name or address is not included in the notice, the defendant must have, before giving the notice, taken all reasonable steps, to ensure that the name and address is ascertained; or
(c) if the name or the address is not included in the notice, but the defendant subsequently discovers the name or address or becomes aware of any other matter that might be of material assistance in finding the witness, the defendant must as soon as practicable give written notice of the name, address or other information as the case may require; or
(d) if the defendant is notified by the prosecutor that the witness has not been traced by the name or address given, the defendant must as soon as practicable give written notice of any other matter know the the defendant that might be of material assistance in finding the witness or, on subsequently becoming aware of any such matter, give written notice of it as soon as practicable.
O/C actions when defence put forward an alibi witness
- ensure a QHA and an active charges report is prepared for the witness
- do not interview the alibi witness unless the prosecutor requests it
ACTION
- Advise defence counsel of proposed interview and give them a reasonable opportunity to be present
- if the defendant is not represented, endeavour to ensure the witness is interviewed in the presence of some independent person not being a member of police
- Make a copy of a witness’s signed statement taken at any such interview available to defence counsel through the prosecutor. Any information that reflects credibility of the alibi witness can be withheld under s16(1)(o)
Expert Evidence
If the defendant intends to call an expert witness during proceedings, they must disclose to the prosecutor:
- Any brief of evidence to be given or any report provided by the witness, or
- if that 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 10 working days before the date fixed for the defendants trial, or within any further time that the court may allow (s23(1)).
Crimes Act 1961 Section 21 (Children Under 10)
Section 21 (1) No person shall be convicted of an offence by reason of any act done or omitted by him when under the age of 10 years
Crimes Act 1961 Section 22 (Children between 10-14)
Section 22 (1) No person shall be convicted of an offence by reason of any act done or omitted by him when of the age of 10 but under the age of 14 years, unless he knew either that the act or omission was wrong or that it was contrary to law.
