Compulsion or duress Flashcards
(3 cards)
1
Q
Definition of compulsion or duress
A
Section 24 Act of compelling a person to do something against their will.
Compelled to do so by threats of immediate death or GBH to themselves or another person when the offence is committed .
Threats operating on their mind at the time and be so grave that a reasonable person would act in the same way
2
Q
R v Joyce
A
Court of appeal decided that compulsion must be made by a person who is present when the offence is committed
3
Q
Genuine belief
A
Genuinely believe the threats and not be party or conspiring in carrying out the threat
