DEFENCES INVOLVING OTHER PEOPLE Flashcards
Section 24 of the crimes at 1961:
What are the required elements for a defence involving COMPULSION?
(1) Be compelled by a person at the SCENE,
(2) Genuine belief of DEATH or GRIEVOUS BODILY HARM,
(3) Not be a CO-CONSPIRATOR.
What case or deals with the matter of compulsion?
What does this caselaw say?
RV Joyce:
The person doing the compelling must be PRESENT during the offence.
Is an honest mistake a valid defence?
Yes. Except in cases where proof of mens rea is necessary, bona fide mistake or ignorance as two matters of fact is available as a defence.
Is ENTRAPMENT a defence?
No. Not per se. However, if the entrapment is unfair, it may result in the court excluding the evidence. This is to prevent an abuse of process.
Give an example where a judge may exclude evidence on the grounds at the evidence a case of defendant was unfairly obtained?
We’re an undercover police officer develops a close PERSONAL RELATIONSHIP with the defendant in the defendant is placed in a position where they would do just about anything for that undercover officer.
What is the case law around entrapment?
And what does it say?
(Living with) Lavelle:
It is permissible for undercover offices to merely provide the OPPORTUNITY. As long as the officers did not initiate the person‘s interest to offend.
SELF-DEFENCE:
What is the three-point test for the degree of force permitted:
The CIRCUMSTANCES believed by the defendant
The GENUINENESS of this belief
Was the force REASONABLE in the circumstances.
SELF-DEFENCE:
What may arise if the force use is unreasonable?
The liability of EXCESSIVE FORCE may arise under section 62 of the crime act 1961.
Is it possible for self-defence to be raised as a defence even if the defendant has used apprentice strike against the victim for?
Yes.
R v Ranger.
Definition: alibi
The fact of being elsewhere
What must a defendant do if they want to use an alibi defence?
Answer: The defendant must provide written notice to the prosecution, including the names and addresses of any alibi witnesses (or other identifying details if addresses are unknown).
Why is it important for a defendant to give notice of an alibi?
Answer: It ensures fairness by allowing the prosecution time to investigate the alibi and prevents last-minute surprise defences in court.
When must the defendant provide notice of an alibi?
Answer: As soon as possible and within the time limits set by court rules.
What happens if the defendant does not give proper notice of an alibi?
Answer: The court may refuse to allow the alibi evidence unless the judge decides it is in the interests of justice to allow it.
Can the judge still allow an alibi defence if notice wasn’t given?
Answer: Yes, but only if the judge believes it is necessary for a fair trial.
What key details must be included in the alibi notice?
Answer: The names and addresses of alibi witnesses (if known) or any other details that could help locate them.
What is the main purpose of these alibi notice requirements?
Answer: To prevent unfair surprises at trial and ensure both sides have a fair chance to investigate the evidence.
Would you like additional scenario-based questions for deeper understanding?
Should the OC case interview alibi witness?
Not unless the prosecutor request them to do so.
If the OC interviews and alibi witness what Three actions must the OC take:
(1) Give the DEFENCE reasonable opportunity to be PRESENT
(2) If that’s not possible have some INDEPENDENT person present
(3) Make a copy of the witnesses STATEMENT AVAILABLE to defence council.
What must the defendant do if they intend to call an expert witness?
DISCLOSE A BRIEF OF EVIDENCE or summary of that evidence to the prosecutor within at least 10 working days before the trial.
Can the victims consent be a defence?
Yes but there are exceptions
What are the elements that indicate genuine consent?
Full
Voluntary
Free and informed
Rational judgement
Convey by words or conduct
When is consent not a defence?
IF THE ACT ITSELF IS CRIMINAL it cannot be made lawful merely because the person who will harm consent to it.
A person cannot consent to being killed.
