Defences Involving Other People Flashcards
What is compulsion?
The act of compelling a person to do something against their will.
Legislation - Compulsion s24
A person who commits an offence under compulsion by threats of immediate death or GBH from a person who is present when the offence is committed is protected from criminal responsibility
If he believes the threats will be carried out and if he’s not a party to any association or conspiracy where he is subject to compulsion.
What is needed before a defence of compulsion can be used?
Belief the threats will be carried out.
Threats must be immediate from a person who is present when the offence is committed.
Must not be a party to any association or conspiracy where he is subject to compulsion.
Case law - R v Joyce
What is the case law about the court of appeals decision on compulsion?
The Court of appeal decided that the compulsion must be made by a person who is present when the offence is committed.
What is held regarding ‘mistake’ as a defence?
Except in cases where proof of mens rea is unnecessary,
Bona fide mistake or ignorance as to matters of fact is available as a defence.
When does entrapment occur?
Entrapment occurs when an agent of an enforcement body deliberately causes a person to commit an offence, so they can be prosecuted.
What is the courts view on entrapment?
The courts have rejected entrapment as a defence, preferring instead to rely on the discretion of the trial judge to exclude unfairly obtained evidence.
Case law - R v Lavelle
It is permissible for an undercover officer to merely provide the opportunity for someone who is ready and willing to offend,
As long as they don’t initiate the person’s interest or willingness to offend.
Legislation - Self defence s48
Every one 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.
Outline the subjective and objective tests relating to s48?
Subjective:
A subjective view of the circumstances as the defendant believed them.
Objective:
An objective view as to the manner and degree of force used.
What is the criteria for the subjective test in regards to the degree of force permitted?
What were the circumstances that the defendant genuinely believed?
Do you accept that the defendant genuinely believes those facts?
Is the force used reasonable in the circumstances believed to exist?
Definition - Alibi
“The plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere.”
The O/C case should not interview an alibi witness unless the prosecutor requests them to do so. If requested follow this procedure:
Advise the defence counsel and give them a reasonable opportunity to be there.
If the defendant’s not represented, try to ensure the witness is interviewed in the presence of an independent person (Not Police).
Make a copy of the signed witness statement available to the defence counsel via the prosecutor.
If the defendant intends to call an expert witness, what must they disclose to the prosecutor?
Any brief of evidence or report provided by that witness.
If that brief or report is not available, a summary of the evidence to be given and the conclusions of any report to be provided.
Info must be disclosed at least 10 working days before the trial date, or within any further time allowed by the court.
Crimes Act examples that specifically exlude consent as a defense?
- Aiding suicide
- Criminal actions
- Indecency offences
- Injury likely to cause death
- Putting someone at risk of death or bodily harm.
