Defences involving other people Flashcards
When is a person considered to have acted under compulsion?
A person acts under compulsion if they commit an offence having been complelled to do so by threats of immediate death or GBH to themselves or another person present when the offence in committed.
The threats must be operating on their mind at the time of the act, and be so grave that they might have caused a reaonable person placed in the same situation on act in the same way.
Explain the requierments of immediacy and prescence in relation to the defence of compulsion.
The threats of death or GBH must be immediate and from a person who is present at the time.
(R v Joyce)
Is “mistake” a defence?
Yes. Except in cases where proof of mens rea in uncesessary, dona fide mistake or ignorance as to matters of fact is available as a defence.
What is “Entrapment”
Entrapment occours when an agent of an enforcement body deliberatley causes a person to commit an offence, so that the person can be prosecuted.
What is the position in NZ on the defence of “Entrapment”
Entrapment is not a substantive defence. The courts preferring instead to rely upon the discretion of the trial judge to exclude evidence that would operate unfairly against the defendant.
What is the justification for using force in self-defence.
S48 CA’61 - Everyone is justified in unsing, in the defence of himself or another, such force as, in the circimstances as he believes them to be, it is reasonable to use.
What is the subjective and objective tests in the defence of self-defence
- What are the circumstances as the defendant beleived them to be (subjective)
- Is the force used reasonable in the circumstances as the defendant believed them to be (objective).
Is a defence available for a pre-emptive strike?
Yes, self-defence is available if the pre-emptive stricke is found to be obejctivley reasonable in the cricumstances as believed by the defendant. (R v Ranger)
What is an Alibi?
How long does defence have to give particulars of an alibi witness after being served a section 20 notice?
A plea in a criminal charge of having been elsewhere at the material time: The fact of being elsewhere.
10 Working Days
What is consent?
Consent is a persons concisous and voluntary agreement to something desired or proposed by another. (R v Cox)
