Defences involving other people

Question 1

Compulsion / duress

Answer 1

Is the act of compelling a person to do something against their will

Question 2

When does someone act under compulsion

Answer 2

They commit an offence having been compelled to do so by threats of immediate death of GBH to themselves or another person when the offence is committed
These threats must be operating in their mind at the time of the act - causing a reasonable person placed in the same situation to act the same way

Question 3

Defense of compulsion

Answer 3

Section 24 CA61

Question 4

Belief must be genuine

Answer 4

Must genuinely believe the threats and must not be party to any association or conspiracy involved in carrying out the threats.

Question 5

Immediacy and presence required

Answer 5

Threats of death GBH must be ‘immediate’ and from a person present at the time.
Diff standard may apply to women / children