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Criminal Defences (Duress by Threats (Introduction (The death threat or…
Criminal Defences
Duress by Threats
Introduction
If threats of immediate serious violence or death should be accepted for acts that otherwise would be criminal
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The death threat or threat of serious injury must be aimed at the D or 'someone for who the D would be responsible'
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This includes friends, family, students
The threat must be of death or serious injury a lesser threat will not provide a defense however a cumulative impact can be considered
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The Graham Test
- Was the D compelled to act as they did because they reasonably believed they had cause for serious injury (Martin DP). It was determined that Special Characteristics could be considered like is there anything to make the D fear serious injury more e.g paranoia
- 'A sober person of reasonable firmness sharing some characteristics of the D could include
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The threat must be effective at the time that the crime's committed but this doesn't mean that the threat will be carried out immediately It must overbear the mind
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The D can only use the defense if the threats are in order for them to carry out a specific nominated offence
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Automatism
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Self Induced Automatism
It can be a defence for specific intent crimes (need intent) e.g. murder/S.18 GBH as the D lacked the required MR for the offence.
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Insanity
M'Naghten Rules
It must be a complete loss in the reasoning powers rather than a partial loss or failure to use the powers of reasoning
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It has a reverse Burden of Proof where the defence have to prove it on the balance of probabilities.
Special Verdict
Under the Criminal Procedure (Insanity and Unfitness to Plead Act 1991), the judge has several ooptions for disposing of the case
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Intoxication
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Voluntary Intoxication
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If you successfully plead voluntary intoxication, you aren't acquitted your charged with a lesser fall back offence e.g murder down to manslaughter
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Involuntary Intoxication
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It will only be a defence if the D was so intoxicated he couldn't form the MR even if the D wouldn't have acted as they had been intoxicated
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Where there is both V and IV Intoxication it's for the Jury to decide whether his actions are solely due to IV
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Intoxicated mistake
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If the offence is possible then it may not require genuine belief and so if the D has honest mistaken belief that's induced by intoxication then it may be sufficient as a defence
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Consent
Categories
Sport
Your consenting to playing a sport which carries a risk of injury, if there's an injury caused, consent is available as a defense provided the injury isn't deliberately inflicted.
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Medical Treatment
It was determined in 'Brown' that surgery involves intentional violence resulting in actual and sometimes serious bodily harm' but surgery is a lawful activity.
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Sexual Gratification
The issue of inflicting violence for sexual gratification was determined that consent isn't available as a defence as it's not in the public interest.
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Self - Defence
Force is required as an element, and if self defense is raised then it's on the prosecution to disprove self defense
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