Defence of Duress

Where the circumstances force a person to act in order to prevent a worse evil from occurring. What is this?
Necessity
1 of 13
A defence based on the fact the defendant has been forced to commit a crime. What is this?
Duress
2 of 13
Murder and attempted murder is an example of when the defence wouldn't be available. What is the third?
Treason
3 of 13
Is the Actus Reus voluntary or involuntary?
Voluntary
4 of 13
What must the defendant be threatened with in order for duress to apply? Death or.... (7,6)
Serious Injury
5 of 13
The defendant must be considered so ________ that he ceases 'to be an independent actor'
Terrified
6 of 13
What is it called when a persons will is overborne by threats of death or serious injury? Duress by.....
Threats
7 of 13
There are two tests involved in deciding if a defence is successful there is the ____ test and Objective test
Subjective
8 of 13
Can duress be applied if there is an escape route for the defendant to leave the situation?
No
9 of 13
The threat must be effective at that moment in time. It is called ________ of threat
Imminence
10 of 13
What is it called when a defendant puts themselves in the situation where the threat can result?
Self-Induced duress
11 of 13
What can duress of circumstances also be known as? Wrong place.....
Wrong time
12 of 13
Duress or Necessity? The defendant acts because it was vital for his protection
Necessity
13 of 13

Other cards in this set

Card 2

Front

A defence based on the fact the defendant has been forced to commit a crime. What is this?

Back

Duress

Card 3

Front

Murder and attempted murder is an example of when the defence wouldn't be available. What is the third?

Back

Preview of the front of card 3

Card 4

Front

Is the Actus Reus voluntary or involuntary?

Back

Preview of the front of card 4

Card 5

Front

What must the defendant be threatened with in order for duress to apply? Death or.... (7,6)

Back

Preview of the front of card 5
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