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Duress (tests (People v Whelen received sum of money, knew it was taken…
Duress
tests
People v Whelen received sum of money, knew it was taken from the bank, claimed he was under violent threats,- has to overbear ordinary power of human resistance - objective test
R v Hurley & Murray musn't be own fault under threat - objective test - threat present and continuing
R v Graham living with wife and another man- claimed to be threatened by other man to kill wife - have to measure up to ordinary citizen
Abdul Hussain plane hjacking, duress should have been left to jury, not a requirement for the threat to be instant
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DPP v Gleeson prison officer, slight subjective test, could go either way
murder*
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DPP v Lynch aiding and abetting, was driver - could rely on duress
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R v Paquete person forced at gun point to drive acquaintances to scene of robbery, bystander was killed - no duress
DPP v Dunne duress not a defence to murder, any change would require legislation
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opportunity to escape
R v Hudson & Taylor saw witnesses being prosecuted for perjury, saw person sitting in public falley - was duress - police couldn't always provide effective protection
DPP v O'Toole- claimed he was being minded, in reality stayed in separate accommodation and moved freely around Kinsale, could of walked away
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R v Ruzic carrying drugs, picked up in Canada, claimed town lacked police and elderly mother threatened, conviction overturned
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Trafficking
Win Lin claimed to have been trafficked, EU law to not convict, but lack of evidence he was trafficked, had worked previously
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complete defence, but not for murder