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1. 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.
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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. Prospect and not enough evidence of threat.
  • D and others hijacked Afghan plane to escape Taliban. Defence- no other choice. No evidence of imminent threat, no prospect.
  • 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 prospect. Evidence of imminent threat.

3. 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

4. When can duress not succeed as a defence? (remember wilson 2007, dad ordered son to help him kill mum)

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

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)- 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.

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