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Duress - Coggle Diagram
Duress
basic rule
People v Whelan received money, knew taken from bank, but claimed acts of violent threats - court - there was a defence but it had to be so great it overbore the power of human resistance
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Abdul Hussain plane hijacked, worred would be sent back to Iraq and executed, duress should have been left to jury, just because defence not capable of being carried out immediately doesn't mean incapable of overbearing persons will - duress by circumstances
DPP v Gleeson - not pure objective test taken int oaccount position of the accused - being a prison officer relevent - wealthy person may have more measures of protection
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opportunity to escape
R v Hudson & Taylor 2 women on witness stand, saw duressers in gallery, safe at that movment not protected later - threat still valid even if not capable of being executed in the moment
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DPP v O'Toole threats, what steps did he take to remove himself, in seperate hotel room and able to move freely
Ruzic transporting durgs, mum back home threatened, no police in town - conviction overturned
inapplicable to murder
DPP v Lynch says threatened by IRA and only driven, duress available
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DPP v Dunne gang killing, SC - not defence for murder - any change needs legislation
self-induced
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R v Calderwood & Moore voluntarily joined UVF claimed little choice, takes part in incident where person killed - no duress
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LRC recommendations
threat can be on of serious harm or death - objective test with some subjective eleements (age gender capacity to resist)
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