defences - duress circumstances struc and cases Flashcards

1
Q

duress of cirucmstances

A

20(1)
cannot come from a perosn
1. reasonable belief
- subj honest belief
- obj if reasonable beleif
2. imminent peril detah /harm
3. no other choice
4. proportionate

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2
Q

duress of cirucmstances cases

A

kapi - no
- hit and run, no evidence action prevented
**leason - no **
- satleite destory, no eveidnece acts prevented death
coll - yes
- underage drove friend to hospital, age and emergency
**hutchison - no **
- 1080 burglary, other option, action not related to imminet peril
kawiti - yes
- drink drive history - drove to hospital to avoid abuse, accpeted DOC

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