Defences Involving Other People Flashcards
Compulsion
COMPULSION
Commit an offence having being compelled to do so by threat of immediate death or GBH to themselves or another person present when the offence is committed.
Believe threats will be carried out and not party to any conspiracy whereby they are subject to compulsion. Protected from criminal responsibility.
Compulsion (2)
Threats must be operating on their mind at the time of the act and cause a reasonable person in the same situation to act in the same way.
Immediacy and Presence Required
Threats of death/GBH must be immediate and from a person present at the time.
R V JOYCE - Decided that compulsion must be made from a person who is present when the offence is committed.
Entrapment as a Defence
NZ Courts have rejected entrapment as a defence, preferring to rely on discretion of trial judge to exclude evidence that would be unfair on defendant.
What is Entrapment?
ENTRAPMENT occurs when an agent of an enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.
Of itself, entrapment does not necessarily give rise to an abuse of process and does not entitle an acquittal.
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.
Subjective/Objective Test
Defendant has decided force was required, their subjective view of circumstances. Degree and manner of the force used from an objective view
Degree of Force Subjective Criteria
DEGREE OF FORCE
- What are the circumstances that the defendant genuinely believes exist (mistaken or not)?
- Do you accept that the defendant genuinely believes those facts?
- Is the force used reasonable in the circumstances?
Preemptive Strike
It is possible for self-defence to be raised as a defence, even if the defendant has used a preemptive strike against the victim.
Alibi
Plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere.
Notice of Alibi
Must include name/address of witness.
Must provide within 10 working days after defendant is given notice under S20.
Alibi Witness Interview Procedure
ALIBI INTERVIEW PROCEDURE
- Advise the defence counsel of the proposed interview, give them a reasonable opportunity to be present
- If defendant not represented, endeavour to ensure the witness is interviewed in the presence of some independent person not being a member of the Police.
- Copy of a witness’s signed statement made available to defence counsel. Alibi witness credibility info can be withheld.
Expert Evidence
EXPERT EVIDENCE
Defence must disclose brief/summary of evidence to be given provided by that witness. Must be disclosed at least 10 working days before the date fixed for the defendants trial or within any further time the court may allow
Guidelines to Consent Regarding Assault
CONSENT/ASSAULT
- Everyone has a right to consent to a surgical operation.
- Everyone has a right to consent to the infliction of force not involving bodily harm.
- No one has a right to consent to their death or injury likely to cause death.
- 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.
R V COX
Full, voluntary, free and informed. Freely and voluntarily given by person in position to form rational judgement
