Duress

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  • Created by: Grace
  • Created on: 17-04-14 20:51
Lynch 1975
Facts: D was a getaway driver in a murder LP: defence of duress was available to the D's who participated in the murder but hadn't done the killing. However threats to property weren't sufficient.
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Howe 1987
Facts: D part of a gang who tortured and killed 2 people. D was lookout. LP: CoA and HoL said that duress was not available for murder (overruling Lynch)
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Gotts 1992
Facts: D was 16 and attempted to kill his mother after threats from his father. He was unsuccessful. LP: CoA followed obiter statement in Howe that duress was not available for attempted murder either and D couldn't use it.
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Wilson 2007
Facts: D was 13 and helped his father kill his mother as he was too frightened to disobey him. LP: Courts said that duress was not available for murder regardless of D's age.
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Valderrama-Vega 1985
Facts: D imported cocaine due to threats from mafia threatening to disclose his homosexuality and due to financial pressures. LP: Jury can consider all threats made but death/serious injury must be threatened for duress to be available.
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Other cards in this set

Card 2

Front

Howe 1987

Back

Facts: D part of a gang who tortured and killed 2 people. D was lookout. LP: CoA and HoL said that duress was not available for murder (overruling Lynch)

Card 3

Front

Gotts 1992

Back

Preview of the front of card 3

Card 4

Front

Wilson 2007

Back

Preview of the front of card 4

Card 5

Front

Valderrama-Vega 1985

Back

Preview of the front of card 5

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