This document contains notes from a law student on the defenses of duress and necessity. It includes questions about requirements and cases on these defenses. Notes were taken on the differences between duress of circumstances and necessity, with examples of applying the defenses to different scenarios. Key cases are included in a word search activity. The student is assigned homework to prepare for an exam on these topics.

1. Duress 2010­11.notebook January 16, 2011
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?
So, what are the rules on duress and necessity?
Read the articles and annotate with answers
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?
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3. Duress 2010­11.notebook January 16, 2011
Can you name the case and the ratio for each of the
following?
I r a(n) innocent Ok, him I killed... but I didn't
Dads can be deadly want to kill that one!
person! Driving a
cab is dangerous.
It's simple ­ steal
Drugs, gay, no money... or else!
What did you want me
to do again? We're only Let's fly away... (2)
young... and he's
more scary than
Here, hold the end of this the police!
wire... and pull!
I'm not responsible for my
Lorry stolen! 2 boyfriend?!
weeks later... But he really was driving
me to it... honest.
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4. Duress 2010­11.notebook January 16, 2011
For each of the following cases, name it! Each case is
represented by an image... Duress of Circumstances and Self induced duress
cases.
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5. Duress 2010­11.notebook January 16, 2011
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?
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6. Duress 2010­11.notebook January 16, 2011
Re: A (Conjoined Twins) 2000
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7. Duress 2010­11.notebook January 16, 2011
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.
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8. Duress 2010­11.notebook January 16, 2011
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 .......................................
.................................................................................................
the Court of Appeal
However, in 2000 ..............was decided, and some of the civil law
judges, in ........................................ indicated that there necessity
might be a defence of ........................ in the criminal law. Re: A
It also implied that it might be a defence to ..................... , medical
and therefore different from duress.
Quayle
murder not
Since DD have argued necessity in a number of cases,
Rodgers criminal
including medical based cases .............................. and
depression ................... However, the courts have yet to
accept it! it would be too easily argued, and
too many people could use it.
complete
Dudley and Stephens
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General Defences...
Recap!
In the wordsearch are 15 key cases on general defences.
Intoxication
Insanity & Automatism
Duress & Necessity
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11. Duress 2010­11.notebook January 16, 2011
Insanity &
Automatism
General
Defences
Duress & Intoxication
Necessity
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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
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