Duress by threats

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  • Created by: rianna
  • Created on: 11-05-13 11:37
F G M E D I U X U S K P J X J E J O I T T
L S O K F E J D T H H H Y C R S J U F S D
I X P G I U M P A E M N R S O X D W L L S
H U X L S X U T E P W O F R V I F L A I I
W D K O X N J E R H G A L E F O J M R O T
R C R F W O W O H E F L N B P Y I S I L I
I O L Q G D G H T R M I Y B B R E B K Y Y
G L K W G U D E E D Q F W O L R X D C M Q
H E C A R Q M H H S K L R R C O P A I X B
T B U H A D Y C T H E A T D X L G W R H C
B A H F H V F R F O Q T V E M L G C T B I
O S G X A L S P O P E T Y M O L F R A Y R
Y E O O M U G J G L X H A R B I E O P X L
F B J O K T P X N I A E X A Q G N S Z L B
R A R B I F L O I F C A U P N R I T T H T
I L C I N T A S M T S T V R E T J I I Q K
E L O B G X W P I E O H F A R X X H F I M
N B A T B P A K T R D P J H F N S A C W B
D A F D H A S A N S A F E S O M R K H N U
B T L L E F T B C K I X O D V W R S V S Y
Q L N Y F E H P L O F O B K J B I B N S X

Clues

  • D and wife had been violently threatened into committing theft of a lorry, which was carried out some time later. Duress failed since threat was not immediate. D had safe avenue of escape (4, 5)
  • D arrested with 4 kilos of cocaine, as boyfriend threatened with violence. On appeal the boyfriend was held to be sufficiently proximate therefore duress was allowed (6, 9)
  • D associated with violent drug dealerk (5, 4)
  • D had been attacked by a baseball bat by a gang he owed money too, his family was threatened by violence unless he repayed money. D committed two bank robberies. Duress failed as there was insufficient nexus between threat and crime committed (4, 8, 3)
  • D joined gang of armed robbers but then decided to withdraw from the venture. Threatened into committing further robbery where a man was killed. As he joined the gang he knew they were violent so duress is not a defence. (5, 5, 7)
  • D joined gang of non-violent shoplifters. He tried to withdraw but was threatened with violence. As D could not see any violence duress was allowed as a defence (8, 11)
  • D was a homosexual lived with wife and king. King threatened D into killing wife. D was drinking and taking meds and in fear assisted King. Duress failed as threats were insufficiently grave (6, 4)
  • Forced to commit robbery. As he associated himself with violent people defence failed (11, 3)
  • Since D's put themselves in that position defence will fail (3, 5, 5)
  • The threat must be effective at the time of the crime is committed. If D had chance to report threat to police the defence will fail. Hol have recently confirmed this (6, 2, 3, 6)

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