Section A

1. 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.

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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.
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.

Fitzpatrick 1997 (joined terrorist group, no defence for robbery) and Bryne 2001 (sexual psychopath)
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)
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)

D is compelled to Act because of direct threats from C of harm to self
D is compelled to Act because of threats from C of harm to himself
D is compelled to Act because of direct threats from C of harm to self or someone they are responsible for
D is compelled to Act because of circumstances surrounding threats made by C

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