General Defences: Duress of Threats

Definition, Cases, Two Part Test, Mistake, Voluntary Exposure, Usage, Reforms

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  • Created by: Anisha
  • Created on: 10-06-11 18:57
What case decided that D should assess which is more dangerous: the threat or consequence (illegal behaviour)?
Graham
1 of 14
This part of the test is:
Subjective
2 of 14
This part of the test is:
Objective
3 of 14
Otherwise, where there is a time delay...
The defence is not valid
4 of 14
This can be evidenced further by Hasan:
D, threatened with violence if he did not commit a burglary
5 of 14
This can be evidenced by:
Sharp
6 of 14
The defence has to be versatile, so that it can be suited to many situations. This is done by:
Allowing the reasonable man to inherit characteristics of D
7 of 14
This can be seen in Martin:
Robbery, D- schizophrenic, more vulnerable
8 of 14
As demonstrated in:
Howe
9 of 14
What happened in this case?
Practice Statement used to state that D is not allowed to used duress for murder
10 of 14
As demonstrated in:
Gotts
11 of 14
Name the case: D caught smuggling cocaine, duress from drug dealers- kill and expose homosexuality, under financial difficulty at the time
Valderrama v Vega
12 of 14
Teenagers committing perjury to a trial
Hudson&Taylor
13 of 14
Friends and even strangers may be eligible for duress
Draft Criminal Code
14 of 14

Other cards in this set

Card 2

Front

This part of the test is:

Back

Subjective

Card 3

Front

This part of the test is:

Back

Preview of the front of card 3

Card 4

Front

Otherwise, where there is a time delay...

Back

Preview of the front of card 4

Card 5

Front

This can be evidenced further by Hasan:

Back

Preview of the front of card 5
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