Practice Test 2

Question 1

If a person is deemed to have been justified and not criminally liable for an offence, may they then be proceeded against in a civil action?

Answer 1

In relation to any person, “justified” means that the person is not guilty of an offence and is not liable civilly.

Question 2

When interviewing 10 – 13-year-old children for the offence of murder, what must be shown in addition to the mens rea and actus reus requirements for the child to be held criminally liable for the offence?

Answer 2

For children aged between 10 and 13 years inclusive, it must be shown that the child knew their act was wrong or contrary to law. If this knowledge cannot be shown, the child cannot be criminally liable for the offence

Question 3

What was held in the matter of R v Clancy in relation to the best evidence concerning proof of age?

Answer 3

“The best evidence as to the date and place of a child’s birth will normally be provided by a person attending at the birth or the child’s mother … Production of the birth certificate, if available, may have added to the evidence but was not essential.”

Question 4

From whom should you seek advice in relation to questioning children and young persons?

Answer 4

Seek advice from your District Youth Prosecutor to ensure compliance with the CYPF Act, particularly in relation to questioning children and young persons.

Question 5

A 13-year-old charged with murder, having been the subject of a committal hearing in the Youth Court, will be remanded to appear next in which court to have the matter heard?

Answer 5

10 to 13-year-olds charged with murder or manslaughter are usually dealt with under the youth justice provisions of the CYPF Act, although charges of murder and manslaughter will be heard in the High Court following the committal process in the Youth Court.

Question 6

What does “protected from criminal responsibility” mean?

Answer 6

Protected from criminal responsibility means not guilty of an offence but civil liability may still arise.

Question 7

What type of defence does a child under 10 years have?

Answer 7

A child under 10 years has an absolute defence.

Question 8

What is the standard of proof required to prove the defence of insanity to the satisfaction of the jury?

Answer 8

On the balance of probabilities.

Question 9

Is the term “disease of the mind” a question of Fact for the jury to decide or a question of Law for the judge to decide?

Answer 9

A question of law.

Question 10

What are the two types of automatism?

Answer 10

The two types of automatism are sane and insane.

Question 11

How is automatism best described?

Answer 11

Automatism is best described as a state of total blackout, during which a person is not conscious of their actions and not in control of them.

Question 12

What is the likely result of a trial where the defendant is found to have been in a state of automatism from intoxication?

Answer 12

The result of a trial where the defendant is found to have been in a state of automatism from intoxication is complete acquittal.

Question 13

What is compulsion?

Answer 13

Compulsion is the act of compelling a person to do something against their will.

Question 14

In relation to compulsion, what does “immediate” mean?

Answer 14

In relation to compulsion, “immediate” means at the scene from a person present at the time.

Question 15

What in effect is a defence of mistake?

Answer 15

A defence of mistake is in effect a denial of intent.

Question 16

How does the defence of entrapment apply in New Zealand? Outline at least one case to explain your answer.

Answer 16

With the defence of entrapment in New Zealand, the courts rely on judicial discretion to exclude unfairly obtained evidence. Police v Lavalle (1979) provides police good guidance on how the courts apply judicial discretion in the context of “entrapment”. In that case, the Court of Appeal held that the undercover officers were merely providing L the opportunity to recruit (and live off the earnings) of women involved in prostitution, an activity the evidence showed he was already willing to engage in.

Question 17

What is the test of self-defence?

Answer 17

The test of self-defence is subjective.

Question 18

Who decides whether there is evidence of self-defence?

Answer 18

Evidence of self-defence is decided by the judge.

Question 19

What does “alibi” mean?

Answer 19

Alibi means being elsewhere at the material time.

Question 20

What people are considered unable to give consent?

Answer 20

People are considered to be unable to give their consent if they are:
− a child
− unable to rationally understand the implications of their defence
− subject to force, threats of force or fraud.

Question 21

What actions do not allow for a defence of consent?

Answer 21

You cannot use the defence of consent in cases involving:
− aiding suicide
− criminal actions
− injury likely to cause death
− bodily harm likely to cause a breach of the peace
− indecency offences
− the placing of someone in a situation where they are at risk of death or bodily harm.
Homicide Law