defences Flashcards
to learn what the elements are for the defences used within criminal law
list all the possible defences used within criminal law
- Duress by threat and circumstance
- Intoxication
- Self-defence
- Insanity and automatism
Define the defence of duress
This is where the defendant is put into a situation in which they are forced to commit a crime due to fear
what is the difference between duress by threat and duress by circumstance
The defence of duress by threat can only be used when the threat of death or serious injury, to yourself or family or someone very close to you, is immediate and would occur suddenly. Whereas, the defence of duress by circumstance can be used when the threat of death or serious injury is still imminent but the defendants can see this very real threat occurring in the immediate future. This can be seen in the case of R v Abdul-Klussain (1999) where the defendantsa were left with no other option but to commit that crime due to the threat of death if they would be returned back to their home country.
