Section A

HideShow resource information

1. 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)
1 of 14

Other questions in this quiz

2. What happened in Safi (2003) and how is it different to Abdul - Hussain and others (1999) Why did HofL refuse defence?

  • 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. 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 and others hijacked Afghan plane to escape Taliban. Defence- no other choice. Prospect and not enough evidence of threat.

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

4. What happened in Abdul - Hussain and others 1999

  • 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 - Hijack plane , landed at Stansted, escaping Taliban.
  • 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
  • Joined terrorist group, no defence for robbery

5. What happens if Duress is successful and why?

  • Complete acquittal - the wrong done by D is excused because of threats to family
  • 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
  • Reduced sentence - the wrong done by D is of lesser gravity than one which would've been done by threaten-er

Comments

No comments have yet been made

Similar Law resources:

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