Defence Of Duress Notes
This is a sample of our (approximately) 3 page long Defence Of Duress notes, which we sell as part of the Criminal Law Notes collection, a A package written at York College in 2015 that contains (approximately) 83 pages of notes across 41 different documents.
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Defence Of Duress Revision
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Defence of duress
Forced to commit crime or face injury/ death Free will have been overborne D has MR and AR but no real choice Excusatory/ complete/ pressure/ general defence Concession to human frailty Common law Restricted defence over last 30 years o Influence of public policy - criminal gangs/ terrorism e.g. IRA o Only for truly deserving o Can't be used as a get out of jail card for criminals o Interesting to see whether hard line of duress continues as we are in situation of increased terrorist risk o Hasan 2005 severely restricted availability D raises and has to prove - jury decides By threat and of circumstances
Crime must be specified in threat - Cole 1994 Threat of serious injury or death - cumulative threats - Valderrama Vega Threat must be towards D or someone they feel responsible for - Wright o Does not include threats to public - Shayler Not available to threat to damage property - Lynch Used to think timing of threat had to be immediate - Hudson Taylor o Threat now has to be imminent but no immediate, and operating on D's mind at time of crime - Abdul Hussain/ Safi - Hasan tightened up availability again Should D have been able to resist threat - two stage test D must take every opportunity of escape - Gill/ Hasan o Short delay which D could explain might be allowed - Pommell o In the past, police might not be able to offer protection - Hudson Taylor o Hasan tightened up availability
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