MUST KNOWS 4 Flashcards
R v Cottle 2
Doing something without knowledge of it and without memory afterwards of having done it - a temporary eclipse of consciousness that nevertheless leaves the person so affected able to exercise bodily movements
Sane automatism example
Result of sleep walking, a blow to the head or effect of drugs
Insane automatism example
Result of mental disease
What is NZ’s position of automatism induced by drink or drugs
It is a defence available if the evidence of the defence can clearly raise the issue.
Courts are likely to steer a middle course, allowing defence of automatism arising out of alcohol or booze to offence of basic intent alcohol. They are likely to disallow defence if state of mind is self induced.
When may intoxication be a defence to a commission of an offence?
- Where intoxication causes a disease of the mind so as to bring insanity into effect
- If intent required as an essential element of offence and drunkeness is such that the defence can plead a lack of intent
- Where intoxication causes a state of automatism
R v Joyce
Court of appeal decided that the compulsion must be made by a person who is present when offence is committed
NZ Courts view on entrapment
They have rejected it as a defence per se, instead preferring to rely on discretion of the trial judge to exclude evidence that would operate unfairly against the defendant
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 persons interest or willingness to offend
Self defence definition
Everyone is justified using, in self defence or self or another, such force as in the circumstances as he believes them to be, it is reasonable to use
Alibi definition:
As the plea in a criminal charge of having been elsewhere at the material time, the fact of being elsewhere
