argh!!! law exam in 4 hours and i havent revised!!! Watch
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
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
good luck to everyone doing the exam today!
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?
Though, i'm gonna have even more exams in the summer =/
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
But glad everyone found it ok!
wrote 6 pages nd like 2 words. my 30 marker was only 2 sides in big writing , my 1st Q about the same
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!
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!
We get a piece of cardboard with our name on it floating about on the table.