Do you have no opinion on whether the defences for duress and defence of another need to be reformed? Have you been assigned no reading or had no lectures?
There is a section in the Murder, Manslaughter and Infanticide report by the law commission (2006) which could be a starting point. The law commission seem to change their opinions towards necessity and duress every couple of years, so there's loads you can look into.
We’ve not had any lectures on this and theres just a very brief power point on it. So far this topic has not been covered. Thank you very much for your help, will deffo look into it. is it possible for you to please elaborate on what the question means by ‘defences for duress’
We’ve not had any lectures on this and theres just a very brief power point on it. So far this topic has not been covered. Thank you very much for your help, will deffo look into it. is it possible for you to please elaborate on what the question means by ‘defences for duress’
It's a defence to all criminal offences bar murder. The defendant was forced, by threat of death or serious injury, to commit a criminal offence. There are questions over whether it should be used for murder- would someone who killed with a gun to their head be guilty of murder?- although ultimately is felt that in such a circumstance, what right would the defendant have to decide their right to life is greater than that of the person they were 'forced' to kill?
It's a defence to all criminal offences bar murder. The defendant was forced, by threat of death or serious injury, to commit a criminal offence. There are questions over whether it should be used for murder- would someone who killed with a gun to their head be guilty of murder?- although ultimately is felt that in such a circumstance, what right would the defendant have to decide their right to life is greater than that of the person they were 'forced' to kill?
oh okay thank you soo much you’ve made it much easier, thank you!