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VOLUNTARY EXPOSURE TO RISK = NO DEFENCE!!!!!!!!!!!!!!!!!!!!!!!!!


You need to remember the 4 points from SHARP 1987

1. Voluntarily join an organisation/gang
2. Knowledge of it's nature
3. Know that other memebers "might bring pressure on him to commit an offence"
4. Been an "active member" when put under pressure

CASE FACTS -

Sharp and 2 men attempted armed robbery of a sub-post office, which resulted in the death of the sub-postmaster.

Sharp claimed that he was only the bag man he was not armed and only took part when he was threatened by one of the others to have his head blown off if he did not co-operate.

HE WAS CONVICTED and the court of appeal UPHELD THE CONVICTION (didn't quash them)



It is also good to remember HASAN 2005 here!!!!

Hasan was a driver of a prostitute and had been threatended by her drug dealing boyfriend to carry out a burglary. The defendant broke into a house but was scared off by the house keeper. He was convicted of aggravated burglary and pleaded duress.

The trial judge stated that the defence was unavailable if the defendant placed themselves in such a position that would bring about threats of death/violence.

Hasan was convicted - but his appeal was allowed by the HOUSE OF APPEAL but was REINSTATED by the HOUSE OF LORDS.



SHEPARD 1987 - IMPORTANT FACT HERE WAS - defendant did not know of the gangs violent propensity upon joining. Therefore he was allowed the defence
SHOULD THE DEFENDANT HAVE RESISTED THE THREATS????

GRAHAM TEST!!!

2 PART TEST -

FIRST PART - SUBJECTIVE (LOOKS AT THE PERSON)

SECOND PART - OBJECTIVE (LOOKS AT THE SOBER PERSON OF REASONABLE FIRMNESS)

HOWE 1987 CONFIRMED THE GRAHAM TEST..............

The Graham test was applied in CONWAY 1988
Well, thats all i'm going to write... good luck anyway i guess!

x
Reply 23
thanks so much, it was really helpful. im going to need every bit of luck i can get!

good luck to everyone doing the exam today!
Hey guys how did you find the exam?

xXx
Reply 25
Hard, but i did Criminal law.
i did criminal law too x
Reply 27
Well the time limit made it hard.

I went blank when going around murder aswell.


Like my teacher suggested i did the evaluation of the OAPA question first.
Then i did 1a) and then by the time i was on the homicide quesiton i only had 5 mins left anyway.


How did it go for youuu?
It went great :biggrin: thank you ... i'm sure you're gonna have done ok, the main thing is you can resit it if there was a problem, don't let it worry you now
x
Reply 29
Yup, no point in worrying so i don't really.
Though, i'm gonna have even more exams in the summer =/
yea thats the bad thing :frown:

xx
Reply 31
i thought it went well ish, which is good, c\d sort of ok
Reply 32
I thought it was ok but started to ramble on a bit in the essay question. When you panic, you stop evaluating it and including A02 marks and you just regurgitate as many facts as you can which is what I did! Glad it went ok for you though Sophie and No.666
Reply 33
Cheers, yeah, i did the evaluation question first because it was the easiest section to pick up the marks on.
Reply 34
i think its a definite resit. i knew all my stuff when i went in (ish) but then read the questions nd started crying in the inside. glad necessity wasnt on their but wish my teacher had been decent

one teacher just left and cudnt be arsed 2 teach us, the new ones never taught before and just flings handouts at us nd is stupidly perky

got B's in both last years modules so hopefully i did the same in this one
Reply 35
yeah i did the same, hardly any Ao2 which is bad cos theres so many more AO2 available!, plus i did a really stupid thing, you know you get the booklet thing to write in, well i filled all that and asked for a new bit of paper, i filled that and asked for a bit more, i filled that again etc.. wen it came to me asking for my fourth piece, the invigilator looked at me funny and asked how i had managed to write 6 sides of A4 in less than 5 mins and then she said you have been writing on the back havent you.... i was like oh my god no! so at the end i quickly drew massive spider diagram plans on the back of each sheet! the examiner must think i am the biggest idiot!

But glad everyone found it ok!
Reply 36
aww thats terrible. wont matter to the person marking it though as long as all the stuffs there. just means an extra tree mighta died XD

wrote 6 pages nd like 2 words. my 30 marker was only 2 sides in big writing , my 1st Q about the same :s-smilie:

the last three were quite neat. reckon i did ok on them. wish the examples were funnier though. they always cheer me up

like cheeseman (if u did him) - textbook legend!
Reply 37
i think my first page was neat but after that i fit about 4 words on each page thats how come i use so many pages, i just have the most enourmous writing! lol

i wrote loads for the 1st q, only like a small bit more for the next one and i wrote a lot for the last 3, however dont you find the people had really funny names! i cant concentrate when they have funny names!
Reply 38
The only thing that distracted me was that they stuck a photo of everyone on the desks so we'd know where we where to sit. I kept seeing myself staringup at me out of the the corner of my eye. I kept thinking stupid random things half way through the exam like 'Oh my God, my hair looks awful!' and 'Why do I look cross eyed?' :biggrin:
Reply 39
Ahahaha, we don't even get name stickers.
We get a piece of cardboard with our name on it floating about on the table.

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