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Flashcards in Defences Deck (22)
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1
Q

Defences for children

A

No person shall be convicted of an offence when under the age of 10 years

No person shall be convicted of an offence when they are between the age of 10 and 14 years unless they knew the act or omission was wrong or that it was contrary to law

2
Q

Process for a child charged with murder or manslaughter

A

Charges filed in the district court

First appearance takes place before the youth Court

The case automatically transfers to the High Court for trial and sentencing

3
Q

Definition insanity

s23 .CA 1961

A

(1) Everyone shall be presumed sane at the time of doing or omitting any act until the contrary is proved
(2) no person shall be convicted of an offence when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable
(a) of understanding the nature and quality of the act or omission
(b) of knowing the act or omission was morally wrong having regard to the commonly accepted standards of right and wrong

4
Q

Who raises the issue of insanity

A

Insanity is a matter for the defence to raise

5
Q

Early conclusion to trial regarding insanity

A

Under section 20( 2) there is the possibility of entering the verdict of “not guilty on account of insanity” by consent

6
Q

Burden of Proof for insanity

A

The defendant is not required to prove the defence of insanity beyond Reasonable Doubt but to the satisfaction of the jury on the balance of probabilities

7
Q

M’Naghten’s rules

A

If a person is insane they did not know:

  • the nature and quality of their actions or
  • that what they were doing was wrong
8
Q

Disease of the Mind does not include

A

A temporary mental disorder caused by an external factor such as; a blow to the head, drugs, alcohol, hypnotism or an anaesthetic

9
Q

Disease of the Mind is a question for who

A

The Judge. It is not a medical question but a legal one

10
Q

Definition automatism

A

A state of total blackout, during which a person is not conscious of their actions and not in control of them

11
Q

Causes of automatism

A

Concussion, sleepwalking, brain tumour, epilepsy, arteriosclerosis or consumption of alcohol or drugs

  • convincing evidence is required to support cause by alcohol or drugs
12
Q

Two types of automatism

A

Sane automatism - the result of sleepwalking a blow to the Head or the effects of drugs

Insane automatism - the result of a mental disease

13
Q

When intoxication may be a defence

A

Where it causes a disease of the mind

If intent is an essential element and drunkenness is such that the defence can plead a lack of intent

Where the intoxication causes a state of automatism

14
Q

Ignorance of law

section 25

A

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him

15
Q

Defence of compulsion

A

The person who commits an offence under compulsion by threats of immediate death or GBH is protected from criminal responsibility if they believe the threats will be carried out.

The belief must be genuine.

16
Q

Defence of mistake

A

Except where proof of men’s rea is unnecessary bonafide mistake or ignorance as to matters of fact is available as a defence

Eg: seeds given to a person as tomato seeds and are actually cannabis

17
Q

Defence of entrapment

A

In NZ entrapment is not a defence. If the entrapment is unfair it may result in the court excluding the evidence

18
Q

Self defence

s48

A

everyone is justified in the defence of himself or another using such force they believe to be reasonable in the circumstances

19
Q

Notice of alibi

s22 Criminal Disclosure Act 2008

A

The defendant must give written notice to the prosecutor of the particulars of the alibi within 10 working days after been given notice under section 20

the notice must include the name and address of the witness and anything known by the defendant that might be of material assistance in finding that Witness

20
Q

Procedure when alibi Witnesses are interviewed

A
  1. Advise defence counsel and give them reasonable opportunity to be present
  2. If the defendant is not represented endeavour to ensure the witness is interviewed in the presence of an independent person
  3. Make a copy of the Witnesses sign statements available to defence counsel
21
Q

What is entrapment

A

When an agent of an enforcement body deliberately causes a person to commit an offence so they can be prosecuted

22
Q

Self defence subjective test

A
  • What are the circumstances 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?