7. Defences Involving Other People Flashcards Preview

CIB 013 > 7. Defences Involving Other People > Flashcards

Flashcards in 7. Defences Involving Other People Deck (8)
Loading flashcards...
1
Q

Immediacy and presence required in threats

A

Must be immediate and from a person present at the time

Caselaw Joyce

2
Q

Can entrapment be used as a defence?

A

No, in NZ the courts have rejected entrapment as a defence per se, preferring instead to reply on the discretion of the trial judge to exclude evidence that would operate unfairly against the defendant

3
Q

Self defence subjective objective yes

A

Once the defendant has decided that use of force was required, section 48 then introduces a test of reasonableness which involves an objective view as to the degree and manner of the force used

4
Q

Alibi definition

A

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

5
Q

3 things when alibi witness interviewed

A
  1. Advise the defence counsel of the proposed interview and give them a reasonable opportunity to be present
  2. If the defendant is not represented, endeavour to ensure the witness is interviews in the presence of some independent person not being a member of the police
  3. Make a copy of a witness signed statement taken at any such interview available to defence counsel through the prosecutor. Any evidence that reflects on the credibility of the alibi witness can be withheld
6
Q

Expert evidence, when must info be disclosed?

A

10 working days before trial

7
Q

Joyce caselaw

C
C
P
P
O
C
A
Court of appeal decided that the 
Compulsion must be made by a 
Person who is
Present when the
Offence is
Committed
8
Q

Lavelle caselaw

P
U
M
P

A
Permissible for undercover officers to 
Merely provide the 
Opportunity for someone who is
Ready and willing to offer
As long as the officers did not initiate the persons interest or willingness to offend