New Zealand Law/Criminal/Compulsion

Definition

 * 1) Threats of immediate death or gbh by a person present when offence commit.
 * 2) Defendant must believe threats will be carried out.

Exceptions

 * Compulsion is not available for a number of offences, including murder, gbh, treason, kidnapping, robeery arson, piracy etc.

R v Teichelman

 * Facts
 * T sold drugs to undercover drugs, said he supplied drugs in fear of O’Keefe. But O’Keefe was not present when T obtained drugs.


 * Held CA
 * 1) The offence was to supply.
 * 2) The ingredients of the offence did not including obtaining.
 * 3) O’Keefe was present throughout entire supply.
 * 4) Compulsion requires continuing threat of death or gbh. Person must be both present and in a position to carry out threat.  Believing one is is some danger is not the same as being in fear of instant death or gbh.

R v Raroa

 * Facts
 * 1) Raroa helped two men to dispose of bodies.
 * 2) The two men threatened anyone who narked on them.
 * 3) The two men did not specifically threaten Raroa.


 * Held
 * 1) Raroa was no doubt very frightened but he was not under a threat of immediate death or gbh.
 * 2) Section 24 provides very narrow defence.

R v Witika

 * Facts
 * 1) Two year old died of abuse and neglect.
 * 2) Mother and partner charged w/ murder and in the alternative manslaughter.
 * 3) Crown didn’t try to identify principal and secondary, argued:
 * - one must have been principal and the other the secondary;
 * - both defendants had duty to intervene.


 * Held
 * 1) Where there is a special relationship btwn the parties or btwn one of the parties and the victim, there is a duty to intervene.
 * 2) Failure to intervene, together with an intention to encourage/approve by non-intervention, amounts to abetting.

R v Mauriere

 * Facts
 * 1) Accused drove drunk because partner had hit and threatened her.
 * 2) History of domestic violence.


 * Held
 * 1) Gbh = serious bodily harm = harm that will seriously interfere for a time with health and comfort.
 * 2) Seen against the background of the relationship, the threats of an assault/serious assault did not amt to threats of gbh.
 * 3) Defence could only succeed if accused had no realistic alternative but to offend – if actions were proportionate to the peril faced.