What is the defence of compulsion?
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
Section 48: the degree of force permitted is tested initially under the following subjective criteria:
- 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
self defence should be put to the jury UNLESS
It would be impossible for the jury to entertain reasonable doubt that the defendant had acted in the defence of him or another
As the plea in a criminal charge of having been elsewhere at the material time
If a defendant wishes to give evidence of an alibi what must he do?
Give written notice to the prosecutor of the particulars of the alibi
The OC case should not interview an alibi witness unless:
The prosecutor requests them to do so
When interviewing an alibi witness, what is the procedure
- Advise defence counsel and give them opportunity to be present
- If the defendant is not represented, try and have a independent person present
- Make a copy of the witness statement and send it to defence
- What is compulsion?
The act of compelling a person to do something against their will
- In relation to compulsion, what does “immediate” mean?
At the scene from a person present at the time
- What in effect is a defence of mistake?
A defence of mistake is in effect a denial of intent
- How does the defence of entrapment apply in New Zealand?
Courts rely on judicial discretion to exclude unfairly obtained evidence
- What is the test of self-defence?
- Who decides whether there is evidence of self-defence?
- What does “alibi” mean?
Being elsewhere at the material time
- What people are considered unable to give consent?
Unable to rationally understand the implications of their defence
Subject to force, threats of force or fraud
What actions do not allow for a defence of consent?
Injury likely to cause death