[ case ]FACTS: Pommell was found with a loaded submachine gun and charged with the unlawful possession of a firearm. He argued that he had taken the weapon from a friend in order to prevent the friend from committing a murder, as he had threatened to do. HELD: The Court of Appeal held that the defence of duress of circumstances was available for offences beyond traffic offences. The defence would be available where the accused reasonably believed that his action was necessary to prevent death or serious personal injury to himself or another and he had (objectively) acted reasonably and proportionately with respect to the threat.
Answer
R v Pommell [1995] 2 Cr App R 607 (CA)
Tags
#crime #defences #law
Question
[ case ]FACTS: Pommell was found with a loaded submachine gun and charged with the unlawful possession of a firearm. He argued that he had taken the weapon from a friend in order to prevent the friend from committing a murder, as he had threatened to do. HELD: The Court of Appeal held that the defence of duress of circumstances was available for offences beyond traffic offences. The defence would be available where the accused reasonably believed that his action was necessary to prevent death or serious personal injury to himself or another and he had (objectively) acted reasonably and proportionately with respect to the threat.
Answer
?
Tags
#crime #defences #law
Question
[ case ]FACTS: Pommell was found with a loaded submachine gun and charged with the unlawful possession of a firearm. He argued that he had taken the weapon from a friend in order to prevent the friend from committing a murder, as he had threatened to do. HELD: The Court of Appeal held that the defence of duress of circumstances was available for offences beyond traffic offences. The defence would be available where the accused reasonably believed that his action was necessary to prevent death or serious personal injury to himself or another and he had (objectively) acted reasonably and proportionately with respect to the threat.
Answer
R v Pommell [1995] 2 Cr App R 607 (CA)
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Open it R v Pommell [1995] 2 Cr App R 607 (CA) FACTS: Pommell was found with a loaded submachine gun and charged with the unlawful possession of a firearm. He argued that he had taken the weapon from a friend in order to prevent th
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