Defences Involving Other People

Question 1

Legislation s48 - self defence

Answer 1

Every one is justified in using, in the defense of himself or herself or another, such force as, in the circumstances as he or she believes them to be, it is reasonable to use.

Question 2

Can a pre-emptive strike be raised as self defense?

Answer 2

Yes

Question 3

Define alibi

Answer 3

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

Question 4

How much notice must be given for alibi notice?

Answer 4

10 working days

Question 5

Define consent

Answer 5

Consent is a persons conscious and voluntary agreement to something desired or proposed by another

Question 6

Case law R v Cox

Answer 6

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

Question 7

Assault guidelines concerning consent

Answer 7

1. Everyone has a right to consent to a surgical operation
2. Everyone has a right to consent to the infliction of force not amounting to 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
5. It is uncertain to what extent any person has a right to consent to their being put in danger of death of bodily harm by the act of another.

Question 8

Legislation s24 - compulsion

Answer 8

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 they believe that the threats will be carried out and
If they are not a party to any association or conspiracy whereby he or she is subject to compulsion.

Question 9

Case law R v Joyce

Answer 9

The Court of appeal decided that the compulsion must be made by a person who is present when the offence is committed.

Question 10

Is mistake or ignorance available as a defense?

Answer 10

Yes, except in cases where proof of mens rea is unnecessary

Question 11

Is the defense of entrapment allowed?

Answer 11

It is rejected, in NZ we rely on trial judge to exclude unfair evidence.

Question 12

Case law Police v Lavelle

Answer 12

it is permissible for undercover police officers to merely provide the opportunity for someone who is ready and willing to offend, as long as the officers did not initiate the persons interest or willingness to so offend.

Question 13

Are there different standards for women and children who act under threats?

Answer 13

Yes

Question 14

Outline defense responsibilities in terms of name and address for alibi?

Answer 14

must provide name and address of witness
if not known, then any matter that might be of assistance to finding the witness
must take reasonable steps to obtain name and address
if name and address or other matter of assistance is discovered must hand this over as soon as practicable
if not traced by name or address defendant must provide any other matter of assistance

Question 15

When does 10 working days start for alibi notice?

Answer 15

After entering plea of not guilty or if CYP when they make first appearance in youth Court.

This is when the Court give s22 an s23 which outlines alibi responsibilities,