Defences - Other People Flashcards
Compulsion / duress
The act of compelling a person to do something against their will
Section 24, Crimes Act 1961
(Compulsion as a defence)
A person who commits an offence under compulsion by threats of immediate death or GBH from a person who is present when the offence is committed, is protected from criminal liability
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
Genuine belief of threats
The defendant must have genuinely believed the threats and must not be a party to any association or conspiracy involved in carrying out the threats
Immediacy and presence
The threat of death or GBH must be immediate and from a person present at the time of the offence
Mistake or ignorance as to matters of fact
Except in cases where proof of mens rea (intent) is not necessary, mistake or ignorance as to matters of fact is available as a defence
Entrapment
Relates to cases involving Police (i.e. undercover officers) where a defendant alleges an officer deliberately caused them to commit an offence in order to be prosecuted.
If entrapment is considered unfair, the evidence may be excluded. Entrapment rejected as a defence per se
Section 48, Crimes Act 1961
(Self defence)
Every one is justified in using, in the defence of himself or another, such force, as in the circumstances he believes them to be, as is reasonable to use
Test for self-defence as a defence
(1) Subjective view - as to the initial need to use force (i.e. the threat)
(2) A test of reasonableness which involves an objective view as to the degree and manner of the force used
Subjective test (test one)
(1) What are the circumstances that the defendant genuinely believed exist?
(2) Do you accept that the defendant genuinely believed those facts?
(3) Is the force used reasonable in the circumstances?
Alibi
The fact of being elsewhere at the time of the criminal act
Section 22, Criminal Disclosure Act 2008
(Notice of Alibi)
If defendant intends to adduce alibi evidence, must give prosecutor written notice of the particulars of the alibi (within 10 working days of not guilty)
Notice includes:
- Name/address of the witness
- Defendant must take all reasonable steps to ensure name/address is ascertained
- Defendant must give the name/address of witness if subsequently discovered
- If unable to identify name and address of witness, defendant must give written notice of any other matter known that may be of material interest in findings that witness
Role of OC with Alibi witnesses
(1) Produce a prosecution report (QHA) and active changes report on that witness
(2) Make inquiries to confirm or rebut evidence in support of the alibi
Interviewing Alibi witnesses
Should only be completed at the direction of the prosecutor
(1) Advise defence counsel of proposed interview and give opportunity to be present
(2) If defence not present, ensure an independent person is present
(3) Make copy of witnesses signed statement available to defence . Credibility information can be withheld.
Information to disclose to expert evidence
(1) Brief of evidence to be given by that witness
(2) If brief or report unavailable, a summary of evidence and conclusions of any report should be provided
(3) Information must be disclosed at least ten working days before the defendant’s trial
Consent as a defence
If an act in itself is criminal, it cannot be made lawful merely because the person whom it will harm consents to it
