Section A

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1. What cases show the difficulty to distinguish between necessity and duress?

  • Shayler 2001 (MI6 info leaked) and Pomell 1995 (found in bed with gun to prevent crime)
  • Cole 1994 (borderline, circumstances) and Shayler 2001 (MI6)
  • Shayner 2004 (MI6) and Cole 1994 (borderline, circumstances)
  • Shayler 2003 (MI6 info leaked) and Pomell 1994 (found in bed with gun to prevent crime)
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2. When can duress not succeed as a defence? (remember wilson 2007, dad ordered son to help him kill mum)

  • If the crime is murder or manslaughter
  • If the crime is treason or terrorism
  • If the crime is murder or accessory to murder
  • If the crime is treason or murder

3. What happens if Duress is successful and why?

  • Reduced sentence - the wrong done by D is excused if the crime is not murder
  • Complete acquittal - the wrong done by D is of lesser gravity than one which would've been done by threaten-er
  • Complete acquittal - the wrong done by D is excused because of threats to family
  • Reduced sentence - the wrong done by D is of lesser gravity than one which would've been done by threaten-er

4. What is the Objective test in Graham 1982 ?

  • The threat must have been made. D can unreasonably believe it has been made.
  • The threat must have been made. D can unreasonably believe it has been made.
  • The threat must have been made. D cannot unreasonably believe it has been made. D must show 'the steadfastness reasonably to be expected of ordinary citizens in his situation'.
  • D must show 'the steadfastness reasonably to be expected of ordinary citizens in his situation'.

5. What are some examples of what can't be taken into account ebcause they are not characteristics of a person of reasonable firmness?

  • Horne (1995)- PTSD, timidity, recognised mental condition. Bowen (1999) voluntary intoxication, sexual orientation.
  • Horne (1994)- pliability, timidity, undue susceptibility to threats.
  • Horne (1994)- pliability, timidity, undue susceptibility to threats. Bowen (1996) voluntary intoxication, sexual orientation.
  • Horne (1995)- pliability, timidity, undue susceptibility to threats. Bowen (1999) voluntary intoxication, sexual orientation.

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