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Tags
#crime #defences #law
Question
The Defendant May Not Rely on Duress to which he has Voluntarily Laid Himself Open
Where the defendant exposes himself to the risk of being threatened, for example by voluntarily joining a violent gang, he will not usually be allowed to use the defence of duress. [ case ] FACTS: The accused joined a gang of robbers. He knew they used firearms. He participated in a robbery upon a sub-post office but claimed he had been forced to do so by one of the other robbers who had threatened to kill him if he did not carry through the plan. The accused was convicted of manslaughter and appealed. HELD:

'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.
Answer
R v Sharp [1987] QB 853 (CA)

Tags
#crime #defences #law
Question
The Defendant May Not Rely on Duress to which he has Voluntarily Laid Himself Open
Where the defendant exposes himself to the risk of being threatened, for example by voluntarily joining a violent gang, he will not usually be allowed to use the defence of duress. [ case ] FACTS: The accused joined a gang of robbers. He knew they used firearms. He participated in a robbery upon a sub-post office but claimed he had been forced to do so by one of the other robbers who had threatened to kill him if he did not carry through the plan. The accused was convicted of manslaughter and appealed. HELD:

'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.
Answer
?

Tags
#crime #defences #law
Question
The Defendant May Not Rely on Duress to which he has Voluntarily Laid Himself Open
Where the defendant exposes himself to the risk of being threatened, for example by voluntarily joining a violent gang, he will not usually be allowed to use the defence of duress. [ case ] FACTS: The accused joined a gang of robbers. He knew they used firearms. He participated in a robbery upon a sub-post office but claimed he had been forced to do so by one of the other robbers who had threatened to kill him if he did not carry through the plan. The accused was convicted of manslaughter and appealed. HELD:

'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.
Answer
R v Sharp [1987] QB 853 (CA)
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on Duress to which he has Voluntarily Laid Himself Open Where the defendant exposes himself to the risk of being threatened, for example by voluntarily joining a violent gang, he will not usually be allowed to use the defence of duress. <span>R v Sharp [1987] QB 853 (CA) FACTS: The accused joined a gang of robbers. He knew they used firearms. He participated in a robbery upon a sub-post office but claimed he had been forced to do so by one of the other r

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