duress
- 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 **** would suffice
- Valderrama Vega: threats to reveal his homosexuality alone would be insufficient, but was enough when coupled with threats of serious violence
- R v A (RJ): threat of **** would suffice
- Dao: locked in factory to grow cannabis - rejected/// cf Lynch for NI: possibility that a threat of imprisonment might ground the defence of duress
- Quayle: severe neurological pain in not serious injury
- of physical harm, threat of psychological harm not enough (Baker)
- 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
- 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)
- Ortiz: threats directed against accused's wife and family(not deciding on this point
- 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
- Flatt: drug addiciton irrelevant
- Hegarty: emotional instability irrelevant
- Sewel: post traumatic stress syndrom is consistent with the notion of the ordinary person of reasonable firmness
- Bowen: low IQ irrelevant
- 1. threat of death or serious injury
- 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
- 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
- Sharp: rejected as he voluntarily joined a gang
- intoxication: duress cannot be relied upon if D's will is eroded by the voluntary consumption of drink and drugs (Bowen, Graham)
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