Short Answers - 3 Flashcards
(20 cards)
What was held in ‘R v Cottle’ (Burden of Proof of insanity)
To prove a plea, the jury just needs to believe it’s more likely true than not, without having to rule out every possible doubt.
What was held in ‘R v Lipman’:
If the automatism is caused by voluntarily taking alcohol or drugs, the court may be hesitant to accept that the person’s actions were involuntary or that they didn’t intend to commit the offense.
What is a “strict liability” offence?
It is any offence that does not require an intent and the only way a defendant can escape liability is to prove a total absence of fault.
What 3 points must be satisfied before a defence of compulsion can be used?
A person is not responsible for a crime if they were forced to commit it by someone who threatened to kill them or cause grievous bodily harm.
The person must have truly believed the threat and,
Must not have been involved in any plan or conspiracy to carry out the threat.
Explain ‘entrapment’:
Entrapment happens when law enforcement deliberately tricks or encourages someone to commit a crime so they can be arrested and charged.
Give two circumstances where culpable homicide is murder:
- If the offender meant to kill the victim
- If the offender intended to seriously hurt the victim, knew it could cause death, and didn’t care if the victim died or not
Define ‘Legal Duty’
It refers to those duties imposed by statute or common law including uncodified common law duties.
Outline S163, CA 1961:
“Killing by influence on the mind”
A person is not criminally responsible for causing someone’s death just by affecting their mind, unless they intentionally frighten:
- A child under 16 years, or
- A sick person.
This also applies if the death was caused by mental illness resulting from that fear.
What mental state is required for murder under S167(b), CA 1961?
You must establish that the accused:
* Intended to cause bodily injury
* Knew the injury was likely to cause death
* Was reckless as to whether death happened or not
You cannot use the defence of consent to assault in the following cases:
CIIA
- Criminal actions
- Indecency offences
- Injury likely to cause death
- Aiding suicide
Outline ‘R v Blaue’:
Those who use violence must take their victims as they find them.
A ‘hearsay statement’ is admissible in any proceeding if:
(a) There’s good reason to believe the statement is trustworthy, and
(b) Either-
- The person who made the statement can’t testify; or
- Making them testify would cause too much cost or delay
What was held in ‘R v Clancy’:
“The most reliable evidence of a child’s birth date and place usually comes from someone who was present at the birth or from the child’s mother. A birth certificate if available, could support this, but it isn’t necessary”
Define ‘automatism’
Automatism is a state where a person acts without being aware or in control, like a total mental blackout.
What is ‘sane’ and ‘insane’ automatism?
Sane automatism: actions done without control due to sleepwalking, a head injury or drug effects.
Insane automatism: the result of a mental disease
What is the courts view on ‘entrapment’:
In New Zealand, courts don’t accept entrapment as a defence on its own. Instead, they leave it to the trial judge to decide if any evidence should be excluded because it would unfairly harm the accused.
Outline the subjective and objective tests relating to S48, CA 1961:
Once the accused believed force was needed (based on their own view of the situation), S48 then asks whether the force used was reasonable, based on what an ordinary person would think.
What was held in ‘Police v Lavelle’:
Undercover officers can give someone the opportunity to commit a crime, but they can’t talk them into it or make them want to do it.
What is the procedure when ‘alibi witnesses’ are interviewed?
The O/C case should not interview an alibi witness unless the prosecutor requests them to do so. If an interview is requested, follow this procedure:
- Advise the defence counsel of the proposed interview and give them a reasonable opportunity to be present
- If the accused is not represented, endeavour to ensure the witness is interviewed in the presence of some independent person not being a member of the Police
- A copy of a witness’s signed statement from an interview must be given to the defence lawyer through the prosecutor. However, any information that could affect the credibility of the alibi witness can be withheld under section 16(1)(o)
If the defendant intends to call an expert witness during proceedings, what must they disclose to the Prosecution?
- A copy of the experts report or statement
- A summary of what the expert will say and what they concluded
- This must be given at least 14 days before the hearing or trial, unless the court gives more time
