Criminal Revision Notes

durance durance| History of chains as a exoneration| For m whatsoever years it was possible to regard the refutation mechanism of chains as something of an antiquarian curiosity, with little applicatory application.  Sir James Stephen, with his con emplacementrable experience, never knew or heard of the demurral mechanism being advanced, take over in the side of married women, and could find only ii reported cases: A History of the twist Law of England (1883), vol II, p 106.  Edwards, drawing forethought to the absence of satisfactory modern authority, inferred that the defence must be very rare: Compulsion, Coercion and iniquitous Responsibility (1951) 14 MLR 297.  Professor Hart described duress as a defence of which little is heard: punishment and Responsibility (1960), p 16.  This has changed. As Dennis correctly observed in Duress, Murder and Criminal Responsibility (1980) 96 LQR 208, In upstart years duress has become a popular justification in re soluteness to a criminal charge.

| The essential elements for a defence of Duress are:| * a threat from another(prenominal) soul * of solemn person-to-person violence * against the accuse or another person * instructing the accused to commit a nuisance * which causes the accused to commit any crime but not murder or try murder * another person of reasonable firmness would permit acted the same * the threat was not from a fellow particle of a violent annulus| Attorney-General v Whelan [1934] Murnaghan J (Irish CCA)| Duress is a defence because- threats of adjacent death or serious personal violence so great as to overbear the ordinary powers of human shield should be accepted as a justi! fication for acts which would other be criminal.The defendant bears the upshot of introducing evidence of duress and it is because up to the prosecution to prove beyond reasonable dubiety that the defendant was not acting under duress. If a defence is established it will result in complete acquittal.   Although this case refers to justification it is submitted that as a...If you want to grab a abounding essay, order it on our website: OrderEssay.net

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