Duress, Necessity, Consent

Question 1

Brown 1993

Answer 1

CONSENT
Sadomasochism ABH
Consent not defence - well established exceptions

Question 2

AG Ref No 6 of 1980

Answer 2

CONSENT
Assault - fight
Not in public interest to allow defence - GBH too much

Question 3

Wilson 1996

Answer 3

CONSENT

Branding wife - defence

Question 4

Emmett Times 1999

Answer 4

CONSENT

Heterosexual sadomasochistic - no defence

Question 5

Dica 2004

!LOOK INTO THIS

Answer 5

CONSENT

HIV - Defence to s20, not s18

Question 6

Inglis 2011

Answer 6

CONSENT

Mercy killing - illegal unless P

Question 7

Hasan 2005

Answer 7

DURESS OF THREATS

Voluntary Association = threat was reasonably foreseeable

Question 8

Dao 2012

Answer 8

DURESS OF THREATS
Treat - imprisonment
Must be death or GBH

Question 9

Ortiz 1986

Answer 9

DURESS OF THREATS
Cocaine smuggling or wife will disappear
Threats directed to immediate family or person regard himself as responsible

Question 10

Graham 1982

Answer 10

DURESS OF THREATS
Must believe in execution
Response - reasonable person - sober, sharing characteristics

Question 11

Bowen 1996

Answer 11

DURESS OF THREATS
Reasonable person - share characteristics: sex, age, pregnancy, disability, mental illness
NOT Low IQ

Question 12

Howe 1987

Answer 12

DURESS OF THREATS
Threat by person with criminal record
No concession to human cowardice

Question 13

Gotts 1992

Answer 13

DURESS OF THREATS

Not defence to attempted murder (lower MR required)

Question 14

Wilson 2007

Answer 14

DURESS OF THREATS

‘grounds for criticizing a principle of law that does not afford a 13yo boy a defence’

Question 15

Shepherd 1987

Answer 15

DURESS OF THREATS

Shoplifters - accepted the risk? [not armed]

Question 16

Martin 1988

Answer 16

DURESS OF CIRCUMSTANCES

Wife threat suicide - defence

Question 17

Willer 1986

Answer 17

DURESS OF CIRCUMSTANCES

Drove on pavement to escape gang

Question 18

Pommell 1995

Answer 18

DURESS OF CIRCUMSTANCES

Infringes a possession regulation in order to prevent another person from committing a greater evil with the gun.

Question 19

Quayle 2005

Answer 19

DURESS OF CIRCUMSTANCES
Cannabis - relieve paon
Must be immediate physical danger

Question 20

Dudley and Stephens 1884

Answer 20

NECESSITY

Eat cabin boy - no necessity

Question 21

Re F 1990

Answer 21

NECESSITY

Mental patient sterilization - V’s interests

Question 22

Re A 2000

Answer 22

NECESSITY

Conjoined twins

Question 23

Nicklinson 2014

Answer 23

NECESSITY

No defence to assisted suicide unless P