Compulsion Flashcards
1
Q
What is compulsion?
A
The act of compelling someone to do something against their will
2
Q
After committing an offence under compulsion what 3 circumstances must exist to be protected from criminal responsibility?
A
- Threatened with immediate death/GBH by person present when offence committed.
- Believed threats would be carried out.
- Not a party to association/conspiracy whereby he is subject to conspiracy.
3
Q
Sec 24(1) Compulsion
A
*A person who commits offence under compulsion
*from threats of immed.death/GBH
*from a person who is present when offence committed
*is protected from criminal responsibility
>if he believes threats would be carried out; and
>if he is not a party to any association or conspiracy whereby he is subject to compulsion
4
Q
R v Joyce (compulsion)
A
- Court of Appeal decided
- compulsion must be made
- by a person who is present
- when the offence is committed