Section A

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  • Created by: mbwalker
  • Created on: 05-04-16 15:00

1. What happened in Abdul - Hussain and others 1999

  • 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
  • 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
  • Joined terrorist group, no defence for robbery
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Other questions in this quiz

2. 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

3. What is the Objective test in Graham 1982 ?

  • 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.

4. What is the most authoritative case?

  • Hasan 2005 (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)
  • Hasan 2009 (Aggravated burglary- threats of harm to family if didn't commit crime) Conviction quashed
  • Hasan 2005 (Plane hijacking) Conviction quashed

5. 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.

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