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.