General Defences: Duress of Circumstances

Definition, Elements, Cases, Limits, Criticisms, Reforms

  • Created by: Anisha
  • Created on: 11-06-11 10:27
Committing a crime to prevent a worse consequence occurring
Duress of Circumstances
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D, disqualified driver, drove son to work after X threatened to commit suicide
Martin
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There must be a reasonable and proportionate action- this means:
There are limits to the circumstances, as to when this can be used
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What happened in Conway?
D, who had been attacked 2weeks ago, drove recklessly as he saw 2 men (plain clothed PCs) approach the car
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You must also look at the:
Nature of the Threat
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What does this mean?
If D was acting on what he thought was going to happen?
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The defence should be extended to cover murder
Law Commission
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Other cards in this set

Card 2

Front

D, disqualified driver, drove son to work after X threatened to commit suicide

Back

Martin

Card 3

Front

There must be a reasonable and proportionate action- this means:

Back

Preview of the front of card 3

Card 4

Front

What happened in Conway?

Back

Preview of the front of card 4

Card 5

Front

You must also look at the:

Back

Preview of the front of card 5
View more cards

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