7. Defences Involving other people 87- 101 Flashcards Preview

Homicide Law and Defences CIB013 > 7. Defences Involving other people 87- 101 > Flashcards

Flashcards in 7. Defences Involving other people 87- 101 Deck (16)
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1
Q

What is the defence of compulsion?

A

A person is protected from criminal responsibility if they have been compelled to commit the offence by someone at the scene who has threatened death or GBH

2
Q

Section 48: the degree of force permitted is tested initially under the following subjective criteria:

A
  • What are the circs that the defendant genuinely believes exists?
  • Do you accept that the defendant genuinely believes those facts?
  • Is the force used reasonable in the circumstances believed to exist
3
Q

self defence should be put to the jury UNLESS

A

It would be impossible for the jury to entertain reasonable doubt that the defendant had acted in the defence of him or another

4
Q

Define alibi

A

As the plea in a criminal charge of having been elsewhere at the material time

5
Q

If a defendant wishes to give evidence of an alibi what must he do?

A

Give written notice to the prosecutor of the particulars of the alibi

6
Q

The OC case should not interview an alibi witness unless:

A

The prosecutor requests them to do so

7
Q

When interviewing an alibi witness, what is the procedure

A
  1. Advise defence counsel and give them opportunity to be present
  2. If the defendant is not represented, try and have a independent person present
  3. Make a copy of the witness statement and send it to defence
8
Q
  1. What is compulsion?
A

The act of compelling a person to do something against their will

9
Q
  1. In relation to compulsion, what does “immediate” mean?
A

At the scene from a person present at the time

10
Q
  1. What in effect is a defence of mistake?
A

A defence of mistake is in effect a denial of intent

11
Q
  1. How does the defence of entrapment apply in New Zealand?
A

Courts rely on judicial discretion to exclude unfairly obtained evidence

12
Q
  1. What is the test of self-defence?
A

Subjective

13
Q
  1. Who decides whether there is evidence of self-defence?
A

The judge

14
Q
  1. What does “alibi” mean?
A

Being elsewhere at the material time

15
Q
  1. What people are considered unable to give consent?
A

Children
Unable to rationally understand the implications of their defence
Subject to force, threats of force or fraud

16
Q

What actions do not allow for a defence of consent?

A

Aiding suicide
Criminal actions
Injury likely to cause death
Indecency