Defence - Duress Flashcards Preview

CILEx Level 6 Criminal Law > Defence - Duress > Flashcards

Flashcards in Defence - Duress Deck (10)
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1
Q

Define Duress

A

Understanding that faced with certain types of threat. individuals not be held culpable for committing crime.

They had no choice but to act the way they did.

Duress by threats or circumstances

2
Q

Purpose of the defence of Duress

A

Defence must be able to show that at the time of the act there was an immediate fear of death or serious injury.

Circumstances were such that a person of reasonable firmness and D’s characteristics would respond the same way as D

3
Q

Three cases where D drove in an extreme as under duress

A

Conway [1988]

Bell [1992] - alcohol

Davis;Pittaway [1994]

4
Q

Two cases of Duress by circumstances

A

Pomell [1995]

Duress of circumstances same principles as duress by threats

Shayler [2001]

Treat two defences as one of the same

5
Q

Leading case Duress by threats

A

Howe [1987]

D admits committing actus reus and mens rea of crime but did so because he was faced with immediate serious injury or death to him or someone close to him

6
Q

Two cases of Duress by threats

A

Wright [2000]

Threat to immediate family or some D is responsible for

Hasan [2005]

Threat must be immediate

7
Q

Who has the burden or proof in cases of Duress by threats

A

Burden on prosecution to prove D not acting under duress.

Must be morally innocent - not an excuse for criminal behaviour

8
Q

Case where D committed perjury because of Duress by threat

A

Hudson v Taylor [1971]

Man who threatened sat in court

9
Q

Two further cases of Duress by threat

A

Ortiz [1986]

Member of family

Sharp [1987]

If you join a gang knowing they undertake illegal activities

10
Q

Two cases of Necessity

A

Re: A (Children)(Conjoined twins) [2000]

Only necessity can be a defence to murder or attempted murder

Bourne [1949]

Abortion not an offence - rape