However, the defence might succeed where the defendant could not have foreseen the possibility of violence being used.'In our judgment, where a person has voluntarily, and with knowledge of its nature, joined a criminal organisation or gang which he knew might bring pressure on him to commit an offence and was an active member when he was put under such pressure, he cannot avail himself of the defence of duress … If a person could avoid the effects of duress by escaping from the threats without damage to himself, he must do so. It seemed to be part of the same argument to say that a man must not voluntarily put himself in a position where he was likely to be subjected to such compulsion.' (Per Lord Lane CJ)
However, the defence might succeed where the defendant could not have foreseen the possibility of violence being used.'In our judgment, where a person has voluntarily, and with knowledge of its nature, joined a criminal organisation or gang which he knew might bring pressure on him to commit an offence and was an active member when he was put under such pressure, he cannot avail himself of the defence of duress … If a person could avoid the effects of duress by escaping from the threats without damage to himself, he must do so. It seemed to be part of the same argument to say that a man must not voluntarily put himself in a position where he was likely to be subjected to such compulsion.' (Per Lord Lane CJ)
However, the defence might succeed where the defendant could not have foreseen the possibility of violence being used.'In our judgment, where a person has voluntarily, and with knowledge of its nature, joined a criminal organisation or gang which he knew might bring pressure on him to commit an offence and was an active member when he was put under such pressure, he cannot avail himself of the defence of duress … If a person could avoid the effects of duress by escaping from the threats without damage to himself, he must do so. It seemed to be part of the same argument to say that a man must not voluntarily put himself in a position where he was likely to be subjected to such compulsion.' (Per Lord Lane CJ)
status | not learned | measured difficulty | 37% [default] | last interval [days] | |||
---|---|---|---|---|---|---|---|
repetition number in this series | 0 | memorised on | scheduled repetition | ||||
scheduled repetition interval | last repetition or drill |