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Tags
#crime #defences #law
Question
[ case ]
FACTS: S had been in a gang of shoplifters/burglars who then carried out other offences and was charged with several offences of burglary. He wanted to leave the gang, but was threatened with violence to himself and his family and was compelled to carry on with the burglaries.
HELD: Mustill LJ, in the Court of Appeal, held:

'There are certain kinds of criminal enterprise the joining of which, in the absence of any knowledge of propensity to violence on the part of one member, would not lead another to suspect that a decision to think better of the whole affair might lead him into serious trouble. If trouble were to unexpectedly materialise the defence of duress might be available.'

So what the Court of Appeal were, in effect, saying in this case was that when a defendant joins a criminal enterprise and has no knowledge of their propensity for violence, but then he is threatened in order to get him to carry out other activities, the defence may be available to him.
Answer
R v Shepherd (1987) 86 Cr App R 47 (CA)

Tags
#crime #defences #law
Question
[ case ]
FACTS: S had been in a gang of shoplifters/burglars who then carried out other offences and was charged with several offences of burglary. He wanted to leave the gang, but was threatened with violence to himself and his family and was compelled to carry on with the burglaries.
HELD: Mustill LJ, in the Court of Appeal, held:

'There are certain kinds of criminal enterprise the joining of which, in the absence of any knowledge of propensity to violence on the part of one member, would not lead another to suspect that a decision to think better of the whole affair might lead him into serious trouble. If trouble were to unexpectedly materialise the defence of duress might be available.'

So what the Court of Appeal were, in effect, saying in this case was that when a defendant joins a criminal enterprise and has no knowledge of their propensity for violence, but then he is threatened in order to get him to carry out other activities, the defence may be available to him.
Answer
?

Tags
#crime #defences #law
Question
[ case ]
FACTS: S had been in a gang of shoplifters/burglars who then carried out other offences and was charged with several offences of burglary. He wanted to leave the gang, but was threatened with violence to himself and his family and was compelled to carry on with the burglaries.
HELD: Mustill LJ, in the Court of Appeal, held:

'There are certain kinds of criminal enterprise the joining of which, in the absence of any knowledge of propensity to violence on the part of one member, would not lead another to suspect that a decision to think better of the whole affair might lead him into serious trouble. If trouble were to unexpectedly materialise the defence of duress might be available.'

So what the Court of Appeal were, in effect, saying in this case was that when a defendant joins a criminal enterprise and has no knowledge of their propensity for violence, but then he is threatened in order to get him to carry out other activities, the defence may be available to him.
Answer
R v Shepherd (1987) 86 Cr App R 47 (CA)
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R v Shepherd (1987) 86 Cr App R 47 (CA) FACTS: S had been in a gang of shoplifters/burglars who then carried out other offences and was charged with several offences of burglary. He wanted to leave the gang, but was threatened

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