Section A

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1. Explain association

  • Association with a crime because of being present with said offender
  • Association with a group who will put pressure on him
  • Association with a person or group whom he might put pressure on him to commit an offence
  • Association with a person who you had no knowledge of being associated with crime
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2. What happened in Safi (2003) and how is it different to Abdul - Hussain and others (1999) Why did HofL refuse defence?

  • D and others hijacked Afghan plane to escape Taliban. Defence- no other choice. No evidence of imminent threat, no prospect.
  • D and others hijacked Afghan plane to escape Taliban. Defence- no other choice. No prospect. Evidence of imminent threat.
  • D- Muslims fleeing Iraq, make it to Sudan but fear deportation to Iraq and torture and murder; hijack a plane. Defence allowed- harm not imminent. No prospect.
  • D and others hijacked Afghan plane to escape Taliban. Defence- no other choice. Prospect and not enough evidence of threat.

3. What cases are most important for association?

  • Fitzpatrick 1977 (joined terrorist group, no defence for robbery) and Ali 1995 (told to rob bank by duressor who he dealt drugs for, no defence) and Heath 2000 (owed money to dealer, accepted risk of threats if didn't mule)
  • Fitzpatrick 1997 (joined terrorist group, no defence for robbery) and Ali 1990 (told to rob bank by duressor who he dealt drugs for, no defence) and Heath 2010 (owed money to dealer, accepted risk of threats if didn't mule)
  • Fitzpatrick 1997 (joined terrorist group, no defence for robbery) and Ali 1990 (told to rob bank by duressor who he dealt drugs for, no defence)
  • Fitzpatrick 1997 (joined terrorist group, no defence for robbery) and Bryne 2001 (sexual psychopath)

4. What is the most authoritative case?

  • Hasan 2005 (Aggravated burglary- threats of harm to family if didn't pay money)
  • Hasan 2009 (Aggravated burglary- threats of harm to family if didn't commit crime) Conviction quashed
  • Hasan 2005 (Aggravated burglary- threats of harm to family if didn't commit crime) Conviction quashed
  • Hasan 2005 (Plane hijacking) Conviction quashed

5. What happened in Abdul - Hussain and others 1999

  • Joined terrorist group, no defence for robbery
  • D- Muslims fleeing Iraq, make it to Sudan but fear deportation to Iraq and torture and murder; hijack a plane. Defence allowed- harm not imminent but prospect sufficient
  • D- Muslims fleeing Iraq, make it to Sudan but fear deportation to Iraq and torture and murder; hijack a plane. Defence not allowed- harm not imminent but prospect sufficient
  • D - Hijack plane , landed at Stansted, escaping Taliban.

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