Defences Involving Other People Flashcards
Outline s24 (1) CA61 - Defence of compulsion
A 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 a party to any association or conspiracy whereby he is subject to compulsion.
What was held by R v Joyce?
The Court of Appeal decided that the compulsion must be made by a person who is present when the offence is committed.
What three points must be satisfied before a defence of compulsion can be used?
- the defendant must have committed an offence having been compelled to do so by threat of 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
Define entrapment:
Entrapment occurs when an agent of an enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.
What is the courts view of entrapment?
In NZ 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 defendant.
What was held in Police v Lavelle?
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.
Outline s48 CA61 - Self defence
Everyone 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 regarding s48 CA61:
Once the defendant has decided that use of force was required (a subjective view of the circumstances as the defendant believed them), s48 then introduces a test of reasonableness which involves an objective view as to the degree and manner of the force used.
Discuss the degree of force test used for self defence (WDI)?
The degree of force permitted is tested initially under the following subjective criteria:
- 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?
What was held in R v Ranger?
If the defendant 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 a preemptive strike with a knife would be reasonable force in all the circumstances.
Define alibi:
The plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere.
Under s22(2) of the Criminal Disclosure Act 2008, when must written notice of an alibi be given by the defendant?
Within 10 working days after the defendant is given notice under s20 of the Criminal Disclosure Act 2008.
What must the defendant include in a notice of alibi?
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.
What is the procedure when alibi witnesses are interviewed?
The OC Case should not interview an alibi witness unless the prosecutor requests them to do so. If an interview is requested, follow this procedure:
- Advise the defence counsel of the proposed interview and give them a reasonable opportunity to be present.
- If the defendant is not represented, endeavour to ensure the witness is interviewed in the presence of some independent person not being a member of the Police.
- Make a copy of the witness’ 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 s16(1)(o).
If a defendant intends to call an expert witness during proceedings, what must they disclose to the prosecutor?
- Any brief of evidence to be given or any report provided by that witness.
- If that brief or any such report is not available, a summary of the evidence is to be given and the conclusions of any report to be provided.
- This information must be disclosed at least 10 working days before the date fixed for the defendant’s trial, or within any further time that the court may allow (s23(1)).