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6 Cards in this Set
- Front
- Back
- 3rd side (hint)
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General overview |
• Can be raised to any crime except murder. • D has been forced or put under pressure to commit a crime that he would not otherwise have committed. • Graham test- two-stage test: 1) Was D forced to as he did because he feared serious injury/death? 2) Would a sober person of reasonable firmness, sharing D's characteristics, have reacted the same way as D? |
G |
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Duress by threats |
• Threat must be of death/serious injury (Hudson & Taylor- threatened if they gave evidence) (Valderrama Vega- homosexual activity threatened to be revealed). • Threat must be to D personally/close family/person responsible for (Ortiz- threat to wife/child) (R v K- threat to mother was sufficient). • Must have used all avenues of escape (Gill- had opportunity to raise lorry alarm). • Threat must be 'immediate' (or felt immediately) (Abdul-Hussain- hijacked a plane). • Must be to commit a specific offence, a nexus is present (Cole- told to get money, chose robbery). |
H&T VV O RvK G A-H C |
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Self-induced duress |
• D voluntarily places himself in a situation where he may be subjected to threats (criminal enterprise). • Duress isn't available (Fitzpatrick- voluntarily belonged to IRA) (Shepherd- original crimes weren't violent). |
F S |
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Never a defence to murder, attempted or participation |
• Howe- frightened of an older man so murdered someone. • Gotts- got to kill his mother or his father would kill him. |
H G |
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Duress by circumstances |
• D must have a 'good cause' to believe such a threat in circumstances. • Conway- thought he was going to be assassinated. • Pommell- smothered with a pillow. • Willer- drove car into shopping precinct to escape violent youths. |
C P W |
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Necessity |
• Exceptional circumstances, usually involves doctors, same rules as threats. • Can be used to justify a killing (Re A- conjoined twins). • Applies to remove a greater evil than the evil causes (Bourne- underage abortion on raped girl) (Dudley & Stephens- ate cabin boy and rescued) (Bucoke- fire engine drove through red light) (Johnson & Phillips- told him to drive the wrong way up a one-way street). |
ReA B D&S B J&P |
