Law 5110 Study Guide - Quiz Guide: Simon Law, Mens Rea, Burstow
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Duress is not a denial of mens rea like intoxication, or a plea that d"s act was justified like self-defence. D is simply seeking to be excused because his actions were involuntary, d had no choice. Lunch v dpp of ni 1975 lord morris paraphrased this does not make the law weak, but makes it more just . Duress by threats: d threatened to commit a criminal offence i. e. ordered at gunpoint to drive armed robbers away or he will be shot. Duress of circumstances: the threat comes from the circumstance d finds himself in. Both types have identical principles to be applied to them. Hudson and taylor 1971 threats must be of death or serious personal injury. M"growther 1746 threat to damage or destroy property is insufficient. Lynch 1975 lord simon law must draw a line between threats to person and property . Valderrama-vega 1985 threats to expose a secret sexual orientation insufficient.
