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1. What happens if Duress is successful and why?

  • Complete acquittal - the wrong done by D is excused because of threats to family
  • 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
  • Reduced sentence - the wrong done by D is excused if the crime is not murder
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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 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 prospect. Evidence of imminent 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.

3. What is the subjective test in Graham 1982 ?

  • 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)
  • 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.

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

  • Shayler 2003 (MI6 info leaked) and Pomell 1994 (found in bed with gun to prevent crime)
  • Shayler 2001 (MI6 info leaked) and Pomell 1995 (found in bed with gun to prevent crime)
  • Shayner 2004 (MI6) and Cole 1994 (borderline, circumstances)
  • Cole 1994 (borderline, circumstances) and Shayler 2001 (MI6)

5. 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)

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