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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