Compulsion Flashcards

1
Q

What is compulsion?

A

The act of compelling someone to do something against their will

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2
Q

After committing an offence under compulsion what 3 circumstances must exist to be protected from criminal responsibility?

A
  1. Threatened with immediate death/GBH by person present when offence committed.
  2. Believed threats would be carried out.
  3. Not a party to association/conspiracy whereby he is subject to conspiracy.
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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

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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
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