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Duress - Coggle Diagram
Duress
Summary
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AG v Whelan - “threats of immediate death or serious personal violence so great as to over bear the ordinary powers of human resistance”
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Duress By Threat
Forced to commit a crime
Immediately means immediate or almost immediate - Hasan (chauffeured girl with a violent gang leader boyfriend, told to burgle house, no defence) - if there was opportunity to take evasive action you must do so
Hudson and Taylor (key witnesses were threatened, they lied and perjured themselves, said they didn't believe that the police could have helped them)
Must have reasonable belief as to the injury - Cairnes (in car when the d threw himself on car and drove off, CoA - must be reasonable, can be mistaken)
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Must be a threat of death or serious injury - Valderrama-Vega (brought drugs to UK, forced to disclose fraugilent busuiness and sexiuality - can be more than one threat
Association with criminals - voluntary exposure to dangerous and violent criminals, no defence - Hasan, Fitzpatrick, Ali, Sharp
Needs to be a nominated crime - told specifically what they need to do - Cole (owed money, told to get the money or he will hurt his family, not told how to get it, no defence
Compared to ordinary person, would a sober person of reasonable firmness sharing the same characteristics have acted in the same way
Reasonable firmness is the average, not too tough or weak, ordinary powers of resistance
When attempting to sever ties with a gang,d will be allowed the defence as a reward - Shepard
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Duress of Circumstances
Must have been forced by the circumstances to commit a crime to avoid threats of death or serious injury to someone - can be anyone not just friends or family
D must act almost immediately in response to the situation - Cole (stole from building society, no defence as not immediate response
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