View
887
Download
0
Category
Preview:
Citation preview
Duress 201011.notebook
1
January 16, 2011
Dec 821:45
So, what are the rules on duress and necessity?Read the articles and annotate with answers
1. What was the result of pleading the defence?2. What was the factual basis for the defence?3. Why had the trial judge ruled that they could not rely on the defence?
1. Which court heard the case?2. What was the defence?3. What do they limit the defence to?4. What are the facts of the case?5. What was the basis of the decision?
And....1. What issues of public policy are raised by the articles?2. What limitations are imposed on these defences?
Duress 201011.notebook
2
January 16, 2011
Dec 821:40
Duress 201011.notebook
3
January 16, 2011
Jan 612:12
Can you name the case and the ratio for each of the following?
I r a(n) innocent person! Driving a cab is dangerous.
Ok, him I killed... but I didn't want to kill that one!Dads can be deadly
Drugs, gay, no money...
I'm not responsible for my boyfriend?!
Here, hold the end of this wire... and pull!
It's simple steal or else!
Lorry stolen! 2 weeks later...
We're only young... and he's more scary than
the police!
Let's fly away... (2)
What did you want me to do again?
But he really was driving me to it... honest.
Duress 201011.notebook
4
January 16, 2011
Jan 612:18
For each of the following cases, name it! Each case is represented by an image... Duress of Circumstances and Self induced duress
cases.
Duress 201011.notebook
5
January 16, 2011
Dec 520:52
So, what's the difference between duress of circumstances and
necessity?
Task
Re‐read the articles... one was necessity in the law, one was duress.
For each, construct a paragraph which argues that the 'other' defence was the correct choice.
Is there a real, identifiable difference between necessity and duress?
Duress 201011.notebook
6
January 16, 2011
Dec 521:22
Re: A (Conjoined Twins) 2000
Duress 201011.notebook
7
January 16, 2011
Dec 521:28
Problems applying your knowledge [from Martin’s Criminal Law]
For each of the following, say whether D can rely on a defence of duress, and why:
1. Clancy is threatened by Neil, a fellow employee, who tells clancy that he will tell their boss about Clancy’s previous convictions for theft. Neil says that Clancy has to help him shop lift from a small corner shop by distracting the counter staff whilst Neil steals. Clancy feels obliged to do this as he does not want to lose his job
2. Joseph, who is of a timid nature and low intelligence, is told by Katya that she will beat him up unless he obtains good by for her from a shop using a stolen credit card. He does this and obtains a DVD player for her.
3. Natasha’s boyfriend, Ross, is a drug dealer. She also knows that he has convictions for violence. He threatens to beat her ‘senseless’ unless she agrees to take some drugs to one of his ‘customers’. She is caught by the police and charged with possessing drugs with intent to supply.
4. Sanjeet’s wife has tried to commit suicide previously. She is very depressed because they are heavily in debt. She tells Sanjeet that she will throw herself under a train unless he can get the money to pay off the debts. Sanjeet obtains the money by robbing a local off‐licence.
5. Tamara is due to give evidence against Alexia’s boyfriend who is facing trial for attempted murder. A week before the trial is due to take place. Alexia sends Tamara a text message saying that Tamara will be killed if she gives evidence. Tamara attends the court but lies in evidence saying, untruthfully, that the man she saw was much shorter than Alexia’s boyfriend.
Duress 201011.notebook
8
January 16, 2011
Jan 618:57
Necessity Necessity is a ............................. defence. It is normally found in ......................... law and can be quite controversial.
In the .......................... law, it has traditionally ........ been a defence, as stated in ........................................... ............ ............................... This is because ....................................... .................................................................................................
However, in 2000 ..............was decided, and some of the judges, in ........................................ indicated that there might be a defence of ........................ in the criminal law. It also implied that it might be a defence to ..................... , and therefore different from duress.
Since DD have argued necessity in a number of cases, including medical based cases .............................. and depression ................... However, the courts have yet to accept it!
civil law
medical
criminalnot
Dudley and Stephens
it would be too easily argued, and too many people could use it.
Re: A
the Court of Appeal
necessity
murderQuayle
Rodgers
complete
Duress 201011.notebook
9
January 16, 2011
Jan 619:35
Duress 201011.notebook
10
January 16, 2011
Dec 521:38
General Defences... Recap!
In the wordsearch are 15 key cases on general defences.
Intoxication
Insanity & Automatism
Duress & Necessity
Duress 201011.notebook
11
January 16, 2011
Dec 521:34
General Defences
Insanity &Automatism
IntoxicationDuress & Necessity
Duress 201011.notebook
12
January 16, 2011
Jan 619:39
HOMEWORK
Revise and prepare for a full mock on Criminal law on the following dates:
13B Wednesday 15th December 2010 13D Tuesday 14th December 2010
Recommended