Defences Involving Other People

Question 1

Define compulsion

Answer 1

Compulsion or duress is the act of compelling a person to do something against their will

Question 2

Define entrapment

Answer 2

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

Question 3

What was held in Police v Lavelle

Answer 3

Undercover police officers can provide the opportunity for someone who is ready and willing to offend, as long as they do not initiate the persons interest or willingness to offend

Question 4

What is a defence compulsion S24(1)

Answer 4

A person who commits an offence under compulsion
By threats of immediate death or grievous bodily harm
From a person 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

Question 5

What was held in r v Joyce

Answer 5

Compulsion must be made by a person who is present when the offence is committed

Question 6

What are the elements of self defence S48

Answer 6

Everyone who
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

Question 7

What is the subjective and objective test in relation to self defence S48

Answer 7

What are the circumstances that the defendant genuinely believes exist
(Whether or not it is a mistaken belief)
Do you accept that the defendant genuinely believes those facts
Is the force used reasonable in the circumstances believed to exist

Question 8

Define alibi

Answer 8

The plea in a criminal charge of having been elsewhere at the material time

Question 9

Section 20 requires the court or registrar to give the defendant written notice of the requirements under s22/23. What are the instances where this is required

Answer 9

If the defendant pleas not guilty
If the defendant is a child or young person, when they make their first appearance in youth court

Question 10

O/C case should not interview an alibi witness unless the prosecutor requests them to do so. What is the procedure when the alibi witnesses are interviewed if requested

Answer 10

1. Advise defence counsel of the proposed interview and give them an opportunity to be present
2. If the defendant is not represented, endeavour to ensure the witness is interviewed in the presence of some independent person
3. Make a copy of a witness signed statement available to defence counsel

Question 11

What enquires are to be made by the O/C in relation to an alibi witness

Answer 11

• ensure a prosecution report (QHA) and active charges report are prepared on the witness if a defendant puts forward an alibi under S22(1)
• make enquiries to confirm or rebut evidence in support of the alibi

Question 12

If the defendant intends to call an expert witness during proceeding, what must they disclose to the prosecutor at least 10 working days before the fixed date for the defendants trial

Answer 12

A brief of the evidence or report provided by that witness and if that report or brief is not available then a summary of the evidence and the conclusions of any report are required

Question 13

You cannot use the defence of consent in cases involving what

Answer 13

• aiding in suicide
• criminal actions
• injury likely to cause death
• indecency offences

Question 14

What was held in R v Cox

Answer 14

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

Question 15

Who decides whether there is evidence of self defence

Answer 15

The judge

Question 16

When must a defendant give written notice of the particulars of an alibi to the prosecutor

Answer 16

Within 10 working days after the defendant is given notice under S20

Question 17

Of the name and address of the witness is not included in the notice of alibi, before giving notice, the defendant must:

Answer 17

Take all reasonable steps and continue to take all reasonable steps to ensure the name and address is ascertained or if the name or the address is not included in the notice, but the defendant discovers the name or address or becomes aware of any assistance in finding the witness l, the defendant must give written notice of the name, address or other information as soon as practicable