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 excused if the crime is not murder
Reduced sentence - the wrong done by D is of lesser gravity than one which would've been done by threaten-er
Complete acquittal - the wrong done by D is excused because of threats to family
8. 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 not allowed- harm not imminent but prospect sufficient
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
9. What is Necessity?
D is compelled to act because the harm likely to be caused by him not acting would be far greater.
D is compelled to act because harm might be caused if they didn't act
D is compelled to act by a specific set of circumstances
D is compelled to act because of direct threats from C of harm to himself or someone for whom he is responsible
10. 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.
11. 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)
12. When can duress not succeed as a defence? (remember wilson 2007, dad ordered son to help him kill mum)
If the crime is murder or manslaughter
If the crime is treason or terrorism
If the crime is murder or accessory to murder
If the crime is treason or murder
13. 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)
