Coercion Flashcards
What is coercion?
A plea that the accused only broke the law because a third party threatened them with harm if she did not do so.
Which case sets out the three conditions for coercion?
Thomson v HMA
What are the three conditions?
Acted in the face of immediate threat of death or great bodily harm
The ordinary person condition
The accused must not have risked being subject to coercion
Which case shows the threat does not have to be made personally to the accused?
HMA v Doherty
What case says the threat must be one that can be carried out immediately?
Trotter - dad being beat up in prison was deemed not immediate.
What is the ordinary person test?
Threats must be of a nature as to overcome the resolution of an ordinary constituted person of the same age and sex as the accused.
What case gives authority to ordinary person test (harshly)?
Cochrane v HMA - v thick and compliant guy.
What did the judge in Thomson say about voluntary exposure?
If you associate with people who are threatening and dangerous you should have reasonable expectation of coercion. Thus it would not be a defence.
Which English case follows these remarks?
R v Hassan
In which case did the judge state in obiter that coercion would not be a defence for murder?
Collins v HMA
