Duress, Necessity, Consent Flashcards
Brown 1993
CONSENT
Sadomasochism ABH
Consent not defence - well established exceptions
AG Ref No 6 of 1980
CONSENT
Assault - fight
Not in public interest to allow defence - GBH too much
Wilson 1996
CONSENT
Branding wife - defence
Emmett Times 1999
CONSENT
Heterosexual sadomasochistic - no defence
Dica 2004
!LOOK INTO THIS
CONSENT
HIV - Defence to s20, not s18
Inglis 2011
CONSENT
Mercy killing - illegal unless P
Hasan 2005
DURESS OF THREATS
Voluntary Association = threat was reasonably foreseeable
Dao 2012
DURESS OF THREATS
Treat - imprisonment
Must be death or GBH
Ortiz 1986
DURESS OF THREATS
Cocaine smuggling or wife will disappear
Threats directed to immediate family or person regard himself as responsible
Graham 1982
DURESS OF THREATS
Must believe in execution
Response - reasonable person - sober, sharing characteristics
Bowen 1996
DURESS OF THREATS
Reasonable person - share characteristics: sex, age, pregnancy, disability, mental illness
NOT Low IQ
Howe 1987
DURESS OF THREATS
Threat by person with criminal record
No concession to human cowardice
Gotts 1992
DURESS OF THREATS
Not defence to attempted murder (lower MR required)
Wilson 2007
DURESS OF THREATS
‘grounds for criticizing a principle of law that does not afford a 13yo boy a defence’
Shepherd 1987
DURESS OF THREATS
Shoplifters - accepted the risk? [not armed]
Martin 1988
DURESS OF CIRCUMSTANCES
Wife threat suicide - defence
Willer 1986
DURESS OF CIRCUMSTANCES
Drove on pavement to escape gang
Pommell 1995
DURESS OF CIRCUMSTANCES
Infringes a possession regulation in order to prevent another person from committing a greater evil with the gun.
Quayle 2005
DURESS OF CIRCUMSTANCES
Cannabis - relieve paon
Must be immediate physical danger
Dudley and Stephens 1884
NECESSITY
Eat cabin boy - no necessity
Re F 1990
NECESSITY
Mental patient sterilization - V’s interests
Re A 2000
NECESSITY
Conjoined twins
Nicklinson 2014
NECESSITY
No defence to assisted suicide unless P
