Defences Involving Other People

Question 1

Compulsion or duress

Answer 1

Is the act of compelling a person against their will

Question 2

Compulsion

Answer 2

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 party to any association or conspiracy whereby he is subject to compulsion

Question 3

Joyce

Answer 3

Compulsion - Presence
The court of appeal decided that the compulsion must be made by a person who is present when the offencd is committed

Question 4

Mistake

Answer 4

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

Question 5

Entrapment

Answer 5

Occurs when an agent of an enforcement body deliberately causes a person to commit an offence so that the person can be prosecuted

Question 6

Lavelle

Answer 6

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 7

Self defence and defence of another

Answer 7

S48 justified in using, in the defence of himself or another, such force as,in the circumstances as he believes then to be, it is reasonable to use

Question 8

Alibi

Answer 8

As the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere

Question 9

Alibi written notice

Answer 9

10 working days after defendant is given notice under section 20
Defendant pleads not guilty or
Defendant is a child or yp when they make their first appearance in youth court

Question 10

Alibi witness interviewed

Answer 10

1 Advise the defence counsel of the proposed interview and give them a reasonable opportunity to be present
2 if the defendant is not represented,endevour 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 signed statement taken at any such interview available to defence counsel through the prosecutor. Any info that reflects the credibility of the alibi witness can be withheld under s16(1)(o)

Question 11

Expert evidence

Answer 11

Defence
Any brief of evidence to be given or any report provided by that witness
If brief or report not available a summary of evidence and the conclusions to be provided
10 working days before dare fixed for defendants trial, or within any further time that the court may allow

Question 12

Consent

Answer 12

Someone accussed of an offence may defend their actions by saying that they had the complainants consent to do what they did

Question 13

Consent criminality

Answer 13

If the act itself is criminal it cannot be made lawful merely because the person whom it will harm consents to it

Question 14

Consent guidelines

Answer 14

1 everyone has a right to consent to a surgical operation
2 everyone has a right to consent to the infliction of force not involving bodily harm
3 no one has a right to consent to their death or injury likely to cause death
4 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