Defences involving other people Flashcards
Define compulsion
IS the act of compelling a person to do something against their will usually from threats of immedaite death or grevious bodily harm
S24 compulsion
A person who commits an oofence under compulsionn by threats of immediate death or GBH from a person who is present when the offence is committed. Is protected from criminal liability if that person believed the threats would be carried out if they werent a party to the oofence.
R v JOYCE
The court of appeal held that compulsion must be made by a person present when the offence was committed.
Entrapment eg Police v LAVELLE
It is permissable for an undercover officer to provide the oppotunity for someone who is ready and willing to offened as long as they did not initiate the intersest or willingness to offend
Self defence s48
Everyone is justified in using, in the defence of themselves or someone else, such force, in the circumstance they believe are reasonable
Discuss the subjective and objective test for self defence
Did the person who used force believe that they had to use force in the defence of themselves or others that in the circumstances they believed were reasobale.
The second part is the objective test, ie someone in the shoes of the victim offender
Firt what are the circumstance that the defendant believed existed
Seciond - Do you accept the circumstances that the defendant believed existed
lastly - Do you believe the force was reasonable in the circumstances that the defendant believed existed.
What is an alibi
An alibi is a plea to a charge of having been elsewhere at the material time
Define consent
Is a persons conscious and voluntary agreement to something proposed or desired.
What is compulsion
Complusion is the act of making some do an act against their will usually out of threats of immediate death or GBH from someone present.
In relation to compulsion what does immediate mean?
Means someone present at the scene
What in effect is a defence of mistake?
Is basically the denial of intent. someone who believes they brought tomoato seeds but in fact it was cannbis seeds lacks the intent.
How does the defence of entrapment apply in New Zealand? Outline at least one case to
explain your answer.
Entrapment in NZ rely on the judicial discretion to exclude unfairly obtained evidence. For instance an undercover officer Case law Police v Lavelle. It is permissable for an undercover officer to simply provide to oppotunity for a person who is ready and willing to offend as long as they do not initiate the interest or willing to offend. Ie they can not incite or procure someone to offend. This would be unfair.
What is the test of self-defence?
It is the sebjective and objective test.
Subjective being did the defendant believe circumstancees existed to use such force to protect themselves or others.
Objective - What are thecircumstances that the defenadant belived existed
Do you accept the the circumstaces exist that the defendant belived existed
Who decides whether there is evidence of self-defence?
the self defence is decided by the judge
What does “alibi” mean?
Is a plea to a criminal charge to being else where at the material time
