Compulsion or Duress Defences Flashcards
1
Q
Compulsion legislation
A
Section 24 (1) - Crimes Act 1961
a person who
commits an offence under compulsion
by threats of immediate death or GBH
from a person who is present when the offence is committed
is protected from criminal responsibility if he believes that the threats will be carried out and
if he is not a party to any association or conspiracy whereby he is subject to compulsion.
2
Q
WHAT 3 POINTS MUST BE SATISFIED BEFORE A DEFENCE OF COMPULSION CAN BE USED?
A
- Genuine belief
- Immediacy
- Presence
3
Q
Case Law: R v Joyce
A
The Court of Appeal decided that the compulsion must be made by a person who is present when the offence is committed.
