Duress of necessity Flashcards
What type of defence is duress?
excusatory
Gotts 1992
Duress is not a defence to murder or attempted murder
Duress is not a defence to murder or attempted murder
Gotts 1992
What is the defence of necessity?
D was put in a situation where he had to choose between the lesser of 2 evils to avoid the greater harm
Duress of threats
Felt that they had no choice to commit the crime due to threats of imminent harm
Duress of circumstances
Forced by circumstances to commit a crime in order to avoid worse harm
Forced by circumstances to commit a crime in order to avoid worse harm
Duress of circumstances
Cairns 1999
No need for the threat to be actual or real, as long as D fears a threat of serious physical injury or death
No need for the threat to be actual or real, as long as D fears a threat of serious physical injury or death
Cairns 1999
Re F 1990
it is lawful for doctors, on the grounds of necessity, to give medical treatment to adult patients unable to give their consent
it is lawful for doctors, on the grounds of necessity, to give medical treatment to adult patients unable to give their consent
Re F 1990
