Defences Involving other people

Question 1

Section 24 of the Crimes Act provides the defence compulsion. Describe what this section outlines

Answer 1

Subject to the provision of this section, 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 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.

Question 2

What 3 points must be satisfied before a defence of compulsion can be used?

Answer 2

• The defendant must have committed an offence having been compelled to do so by threat or immediate death or GBH.
• The defendant must have genuinely believed the threats and must not be a party to any association or conspiracy whereby he is subject to compulsion.
• The threat of death or GBH must be immediate and from a person present at the time.

Question 3

Explain entrapment

Answer 3

Entrapment occurs when an agent of enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.

Question 4

What is the courts view on entrapments

Answer 4

In New Zealand the courts have rejected entrapment as a defence per se, preferring instead to rely on the discretion of the trial judge to exclude evidence that would operate unfairly against the accused.

Question 5

What was held in Police v Lavelle

Answer 5

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.

Question 6

List the ingredient of Section 48 of the Crimes Act.

Answer 6

Everyone is justified in using force, in defence of himself or another, such force as, in the circumstance as he believes them to be, it is reasonable use.

Question 7

Outline the subjective and objective tests relating to Section 48 of the Crimes Act 1961.

Answer 7

Once the defendant has decided that use of force was required (a subjective view of the circumstances as the defendant believed them), Section 48 then introduces a test of reasonableness which involves an objective test as to the degree and manner of force used

Question 8

Degree of force under self defence

Answer 8

The degree of force permitted is test initially under the following subjective criteria:
- What are the circumstances that the defendant genuinely believes exist (Whether or not is mistaken belief)?
- Do you accept that the defendant genuinely believes those facts?
- Is the force used reasonable in the circumstances believed to exist?

Question 9

What was held in R v Ranger

Answer 9

If this accused did really think that the lives of herself and her son were in peril because of the deceased, enraged after the struggle, might attempt to shoot them with a rifle near at hand, then it would be going too far, we think, to say that the jury could not entertain a reasonable doubt as to whether the pre-emptive strike with a knife would be reasonable force in all the circumstances.

Question 10

Define Alibi

Answer 10

An alibi is the plea in a criminal charge of having been elsewhere at the material time. The fact of being elsewhere.

Question 11

Written notice of an alibi is to be given by the defendant

Answer 11

Within 10 working days after is given notice under section 20 of the Criminal Disclosure Act 2008.

Question 12

What must the defendant include in a notice of alibi?

Answer 12

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.

Question 13

What is the procedure when alibi witnesses are interviewed?

Answer 13

The O/C case should not interview an alibi witness unless the prosecutor requests the to do so. If an interview is requested, follow this procedure
1. Advise the defence counsel of the proposed interview and give them a reasonable opportunity to be present.
2. If the accused is not represented, endeavour to ensure the witness is interviewed in the presence of some independent person not being a member of the Police.
3. 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 on the credibility of the alibi witness can be withheld under Section 16(1)

Question 14

If the defendant intends to call an expert witness during proceedings, what must they disclose to the prosecution?

Answer 14

• Any brief of evidence to be given or any report provided by that witness, or
• If that brief or any such report is not available, a summary of the evidence to be given and conclusions of any report to be provided.
• This information must be disclosed at least 14 days before the date fixed for the defendants hear or trial, or within any further time that the court may allow.

Question 15

Define R v Cox

Answer 15

Consent must be full, voluntary, free, and informed, freely, and voluntarily given by a person in a position to form a rational judgement.

Question 16

Provide three guidelines in respect of consent regarding assault.

Answer 16

• Everyone has a right to consent in surgical operations
• Everyone has a right to consent to the infliction of force not involving bodily harm.
• No one has a right to consent to their death or injury likely to cause death.
• No one has a right to consent to bodily harm in such a manner as to amount to a breach of the peace, or in a prize fight or other exhibition calculated to collect together disorderly persons
• It is uncertain to what extent any person has a right to consent to their being put in danger of death or bodily harm by the act of another.

Question 17

You cannot use the defence of consent to assault in the following cases.

Answer 17

• Aiding suicide
• Injury likely to cause death
• Bodily harm likely to cause a breach of the peace
• Criminal actions
• Indecency offences
• The placing of someone in a situation where they are at risk of death or bodily harm

Question 18

Rohan and Koichi are hanging out at a service station. Rohan pulls out a shotgun and puts it in the mouth of Koichi and says “I’m going to blow your brains all over the gosh darn walls if you don’t stand guard by the road while I rob this store, you utter slime” Koichi then stands guard by the road while Rohan robs the service station for all of its shekels. Thinking about compulsion Koichi can

Answer 18

Not use the defence of compulsion as Rohan cannot be considered to be present due to being inside the store when the offence was committed.