Duress of necessity Flashcards

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1
Q

What type of defence is duress?

A

excusatory

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2
Q

Gotts 1992

A

Duress is not a defence to murder or attempted murder

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3
Q

Duress is not a defence to murder or attempted murder

A

Gotts 1992

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4
Q

What is the defence of necessity?

A

D was put in a situation where he had to choose between the lesser of 2 evils to avoid the greater harm

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5
Q

Duress of threats

A

Felt that they had no choice to commit the crime due to threats of imminent harm

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6
Q

Duress of circumstances

A

Forced by circumstances to commit a crime in order to avoid worse harm

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7
Q

Forced by circumstances to commit a crime in order to avoid worse harm

A

Duress of circumstances

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8
Q

Cairns 1999

A

No need for the threat to be actual or real, as long as D fears a threat of serious physical injury or death

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9
Q

No need for the threat to be actual or real, as long as D fears a threat of serious physical injury or death

A

Cairns 1999

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10
Q

Re F 1990

A

it is lawful for doctors, on the grounds of necessity, to give medical treatment to adult patients unable to give their consent

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11
Q

it is lawful for doctors, on the grounds of necessity, to give medical treatment to adult patients unable to give their consent

A

Re F 1990

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