Duress and neccesity

?
  • Created by: 10dhall
  • Created on: 23-05-17 20:57
What is a case on duress by threat?
Hammond 2013 - walked out of prison because an inmate grabbed his bum - the threat was not serious enough for durress
1 of 15
What is another cause on duress by threat?
Wright 2000 - a woman illegally imported cocaine into the UK because she was in debt to the drug dealer and he said he'd kill her boyfriend
2 of 15
What is a case stating that exposing sexual immortality is not enough?
Singh 1973 - threatened his wife would be told about his affair unless he falsified some accounts
3 of 15
What is a case regarding to the fact that the threat must link to the offence that was committed?
Cole 1994 - the D and his family had been threatened by money lenders if he did not pay, so he robbed a bank and was convicted and did not get the defence of duress because he was not told to
4 of 15
What is a case stating that the threat has to be imminent?
Gill 1963 - D and his wife were threatened with harm if he did not steal a lorry - had time to go to the police
5 of 15
What is another case example on the chance to escape?
Hudson v Taylor - two girls lied in court from threats from a man sitting in the public gallery, defence allowed
6 of 15
What are the principles arising from the cases on duress?
1) was there imminent and unavoidable pressure? 2) was the threat their uppermost thought and could be acted on imminently? 3) was there a realistic chance to escape? 4) police protection should be sought ASAP
7 of 15
When can duress not be raised in terms of involvement with association with criminals?
If; D joined the gang volunatrily, he knew what the gang was like, he knew the gang members could put pressure on him and if the D was an active member when put under the pressure
8 of 15
What is a case examples of gangs in duress?
Hasan 2005, Shepherd 1987 - tried to leave a gang but was threatened when tried
9 of 15
In general, what circumstances cannot have duress pleaded in?
Treason, murder/party in a murder
10 of 15
What is the test for duress?
Set out in Graham - G lured wife back home where K killed her
11 of 15
What is the two stage test for duress?
1) did the D act as a result of what he reasonably believed the threat said 2) if so has the P made the jury sure another person would have responded the same as D did
12 of 15
What are the reform proposals?
A person acts under duress if they know that; the threat to cause death/injury if he does not act, the threat will be carried out immediately, and there is no way from preventing the threat
13 of 15
What is a case concerning duress by circumstance?
Pommell, DPP v Jones
14 of 15
What is a case concerning duress by circumstance?
Pommell, DPP v Jones
15 of 15

Other cards in this set

Card 2

Front

What is another cause on duress by threat?

Back

Wright 2000 - a woman illegally imported cocaine into the UK because she was in debt to the drug dealer and he said he'd kill her boyfriend

Card 3

Front

What is a case stating that exposing sexual immortality is not enough?

Back

Preview of the front of card 3

Card 4

Front

What is a case regarding to the fact that the threat must link to the offence that was committed?

Back

Preview of the front of card 4

Card 5

Front

What is a case stating that the threat has to be imminent?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »