Compulsion Flashcards

1
Q

what are the 5 elements of compulsion?

A

1) Was there threats of GBH or death?
2) Was threat imminent?
3) Was the person making the threat present?
4) Belief of threat
5) must not be compulsion by association

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2
Q

Neho

A
  • N owed money to mongrel mob - she had to dishonestly obtain credit cards to use them to obtain goods - she claimed compulsion - however no immediacy as in store alone
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3
Q

what cases to use for is there GBH or death

A

maureriri - Nothing less than GBH will suffice
Raroa - threat can be implicit or explicit
Raroa - previous menacing conduct will not suffice

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