Section A

HideShow resource information

1. What is Necessity?

  • D is compelled to act because harm might be caused if they didn't act
  • D is compelled to act because the harm likely to be caused by him not acting would be far greater.
  • D is compelled to act because of direct threats from C of harm to himself or someone for whom he is responsible
  • D is compelled to act by a specific set of circumstances
1 of 14

Other questions in this quiz

2. What is the Objective test in Graham 1982 ?

  • 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'.
  • 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.
  • D must show 'the steadfastness reasonably to be expected of ordinary citizens in his situation'.

3. What is the most authoritative case?

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

4. What is the subjective test in Graham 1982 ?

  • Did D act the way he did because of threats? Threats must be serious (Conway 1989) and can be against stranger (Pommell)
  • Threats of imminent death. Did D act the way he did because of threats?
  • Threats of imminent death or serious physical injury. Did D act the way he did because of threats? Threats must be serious (Conway 1989) and can be against stranger (Pommell)
  • Threats of imminent death or serious physical injury.

5. What is the position on psychological harm?

  • Baker and Wilkins (1997) - threats must be physical. Ireland and Burstow (1998) 'no clear distinction b/w psychological and physical harm. A v R 2012- threat of **** constitute threat, false imprisonment not sufficient.
  • Baker and Wilkins (1997) - threat of **** constitute threat, false imprisonment also sufficient.
  • Baker and Wilkins (1997) - threats must be physical. Ireland and Burstow (1998) 'no clear distinction b/w psychological and physical harm.
  • A v R 2012- threat of **** constitute threat, false imprisonment not sufficient.

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all General defences- Duress by threats resources »