Law 5110 Study Guide - Quiz Guide: Verdict, Partial Defence, Homicide Act 1957
Document Summary
D denied defence if he voluntarily places himself in such a situation that he risks being threatened with violence to commit crime. Fitzpatrick 1977 d pleaded duress to lots of offences including murder even though he was a voluntary member of the ira. Sharp 1987 duress not available where d had voluntarily joined a criminal organisation or gang. Now voluntarily associating with persons with a propensity for violence, like buying unlawful drugs from suppliers, may well be enough to deny the defence. Confirmed in both ali 1995 and baker and ward 1999. Also seen in heath 1999 and harmer 2001. Harmer came under criticism from professor sir john smith. Compulsion to pay one"s debts is one thing, compulsion to commit crime is quite another . Lead to the hol clarifying the position regarding the availability of duress when d voluntarily associates himself with a criminal gang or organisation.
