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  • Created by: Rebeka188
  • Created on: 13-04-16 19:23
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  • elements: Hasan HL
    • 1. threat of death or serious injury
      • of physical harm, threat of psychological harm not enough (Baker)
        • Quayle: severe neurological pain in not serious injury
          • Dao:  locked in factory to grow cannabis - rejected/// cf Lynch for NI: possibility that a threat of imprisonment might ground the defence of duress
            • R v A (RJ): threat of rape would suffice
              • Valderrama Vega: threats to reveal his homosexuality alone would be insufficient, but was enough when coupled with threats of serious violence
    • 2. threat made to D or his immediate family or someone for whom he would reasonably regard himself as responsible
      • Ortiz: threats directed against accused's wife and family(not deciding on this point
        • Shayler:  defence rejected as D unable to pinpoint what the threats to the security might involve and who was at risk(cannot be to the general public as a whole)
          • R v D and L: enough for people passing by the factory
    • 3. D's perception of the threat and his conduct are to be judges objectively
      • Bowen: low IQ irrelevant
        • Sewel: post traumatic stress syndrom is consistent with the notion of the ordinary person of reasonable firmness
          • Hegarty: emotional instability irrelevant
            • Flatt: drug addiciton irrelevant
              • RELEVANT: age, sex, physical health, preganancy, 'learned helplessness' from battered wife syndrome: Emery
  • 6. D canot rely on threats to which he had voluntarily laid himself open
    • intoxication: duress cannot be relied upon if D's will is eroded by the voluntary consumption of drink and drugs (Bowen, Graham)
      • Sharp: rejected as he voluntarily joined a gang
        • Shepherd: should know that the gang were apt to use violence, no need  to foresee the type of crime he would be forced to commit
          • Heath: he knew the risk dealing with dealers


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