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DEFENCES (DURESS BY THREATS (seriousness (the threat must be of death or…
DEFENCES
DURESS BY THREATS
recognised that there are circumstances where individuals feel like they have to commit a crime rather than committing it by choice
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characteristics
relevant attributions = age, sex, pregnancy, serious physical disability, recognised mental illness/psychiatric condition
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just because a person is more pliable, vulnerable or susceptible or timid than a normal person does not constitute to a reasonable person
self-induced abuse like glue-sniffing, alcohol or drugs do not count
subjective - was D compelled to act as he did because of what he reasonably believed, D had a good cause to fear that if he not act so, the threatener would kill or cause serious harm?
objective - would a sober person with reasonable firmness, sharing D's characteristics, have done the same?
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SELF-DEFENCE
CRIMINAL JUSTICE AND IMMIGRATION ACT 2008, s76
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CRIMINAL LAW ACT 1967, s3(1)
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CRIMINAL JUSTICE AND IMMIGRATION ACT 2008, s43
house-holder defence
degree of force used is not to be regarded as having been unreasonable unless it was grossly disproportionate
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INTOXICATION
INVOLUNTARY INTOXICATION
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consumed non-dangerous drugs (Valium) for its sedative effects but it caused D to become aggressive and have unpredictable behaviours
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