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1. What happened in Abdul - Hussain and others 1999

  • 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 allowed- harm not imminent but prospect sufficient
  • Joined terrorist group, no defence for robbery
  • 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
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2. 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.

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 cases are most important for association?

  • Fitzpatrick 1997 (joined terrorist group, no defence for robbery) and Ali 1990 (told to rob bank by duressor who he dealt drugs for, no defence)
  • Fitzpatrick 1997 (joined terrorist group, no defence for robbery) and Bryne 2001 (sexual psychopath)
  • Fitzpatrick 1977 (joined terrorist group, no defence for robbery) and Ali 1995 (told to rob bank by duressor who he dealt drugs for, no defence) and Heath 2000 (owed money to dealer, accepted risk of threats if didn't mule)
  • Fitzpatrick 1997 (joined terrorist group, no defence for robbery) and Ali 1990 (told to rob bank by duressor who he dealt drugs for, no defence) and Heath 2010 (owed money to dealer, accepted risk of threats if didn't mule)

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.

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