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OCR A-Level Law Paper 1 > 1B - Duress And Necessity > Flashcards

1B - Duress And Necessity Flashcards

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1
Q

What does duress by threats mean?

A

D was themselves threatened

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2
Q

What does duress by circumstances mean?

A

D forced to commit offence due to the circumstances he finds himself in

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3
Q

What does necessity mean?

A

D felt it was necessary

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4
Q

Duress by threats: threatened with death or serious injury

A

Volderrana-Vega

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5
Q

Duress by threats: not available for murder

A

Howe
Wilson

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6
Q

Duress by threats: not available for attempted murder

A

Gotts

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7
Q

Duress by threats: the seriousness of the threat can be cumulative

A

Volderrana-Vega

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8
Q

Duress by threats: The threat of death/serious injury can be against?

A
  • D
  • His partner
  • Immediate family
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9
Q

Duress by threats: 2 Stage Test

A

Graham
Followed by Martin DP - can take into account any characteristics that may make D more susceptible to fear threats

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10
Q

Duress by threats: What does Bowen show in relation to the 2 stage test?

A

accepted the following can be used in the second stage of the test

  • age
  • pregnancy
  • recognised mental illness
  • gender
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11
Q

Duress by threats: No safe avenue of escape

A

Gill
Hudson and Taylor

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12
Q

Duress by threats: Cole

A

The threat MUST be to commit the specific offence committed

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13
Q

Duress by threats: cannot be self-induced duress

A

Sharp
Shepherd
Hasan

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14
Q

Duress of circumstances: due to their surrounding circumstances

A

Willer
Conway
Martin

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15
Q

Duress by circumstances: same two stage test as Graham

A

Martin

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16
Q

Duress by circumstances: not just for driving offences

A

Pommell

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17
Q

Duress by circumstances: available for all offences except

A
  • murder
  • attempted murder
    Pommell
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18
Q

Duress by circumstances: sufficient that D reasonably perceived a threat of physical injury or death

A

Cairns

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19
Q

Duress by circumstances: Abdul Hussain

A

Defence is allowed even if its not the specific offence

20
Q

Necessity: D forced to commit offence to prevent a worse evil occuring

A

Dudley and Stevens

21
Q

Necessity: Civil cases

A 
Re F (medical patient: sterilisation) 
Re A (conjoined twins)
22
Q

Duress of circumstances v necessity

A

circumstances: D forced to commit the offence due to the circumstances he finds himself in
necessity: D forced to commit offence to prevent a worse evil from happening

23
Q

Necessity = duress of circumstances

A

Shayler

24
Q

Duress of threats: Howe

A

Duress is not a defence for murder

25
Q

Duress of threats: Wilson

A

Duress can not be a defence to murder applies even where the D is young and less able to resist pressure

26
Q

Duress of threats: Gotts

A

Duress is not a defence for attempted murder

27
Q

Duress of threats: Valderrama-Vega

A

CoA said jury was entitled to look at the cumulative effects of all the threats but if none of the threats are a threat of death or serious injury then it’s not allowed

28
Q

Duress of threats: Graham

A
  1. Was the D compelled to act as they did because they reasonably believed they had good cause to fear serious injury/death?
  2. If so, would a sober and reasonable person of reasonable firmness with the same characteristics of D have responded in the same way?
29
Q

Duress of threats: Martin (DP)

A

Duress and self defence should be treated in the same way regarding belief in circumstances

30
Q

Duress of threats: Bowen

A

Low IQ cannot be taken into account in the second stage of the Graham test

31
Q

Duress of threats: Gill

A

If there is a safe avenue of escape, duress is not available

32
Q

Duress of threats: Hudson-Taylor

A

Police protection may not be effective in deciding if going to the police was realistic the jury should consider age and the circumstances of threats and risks associated

33
Q

Duress of threats: Abdul-Hussain

A

The threat need not be immediate but it had to be imminent in the sense that it was hanging over them

34
Q

Duress of threats: Cole

A

Must be threatened to commit the specific offence

35
Q

Duress of threats: Sharp

A

Defence failed as D joined a violent gang knowingly

36
Q

Duress of threats: Shepherd

A

Defence was allowed because when he joined the gang he had no knowledge that they would use violence

37
Q

Duress of threats: Hasan

A

Defence of duress is excluded where D voluntarily associates with others engaged in criminal activities and ought to have foreseen the risk of being subjected to threats of violence

38
Q

Duress by circumstances: Willer

A

Defence was allowed as D was compelled to do as he did, as he was under duress in those circumstances

39
Q

Duress by circumstances: Conway

A

Defence of duress is available if on an objective standpoint, the D was acting in order to avoid the threat of death or serious injury

40
Q

Duress by circumstances: Martin

A

The Graham test for duress of threats also applies to the duress of circumstances

41
Q

Duress by circumstances: Pommell

A

Duress of circumstances is available to all offences except murder, attempted murder and treason

42
Q

Duress by circumstances: Cairns

A

It does not have to be an actual or real threat, as long as D perceives a threat of death/serious injury

43
Q

Necessity: Dudley and Stephens

A

Necessity is not available as a defence to murder

44
Q

Necessity: Re F (mental patient: sterilisation)

A

It’s lawful for Doctors on the grounds of necessity to operate on or give other medical treatment to adult patients disabled from giving consent

45
Q

Necessity: Re A (conjoined twins)

A

Necessity is available if its to save a life meaning its a possible defence to murder

46
Q

Necessity: Shayler

A

CoA discussed defences of duress and necessity and held that duress of circumstances and necessity were in effect the same

OCR A-Level Law Paper 1 (48 decks)

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