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Z is the leader of a prison gang. He is afraid that Y, the leader of another gang in the same
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Z is the leader of a prison gang. He is afraid that Y, the leader of another gang in the same
prison, will try to kill him.
He instructs X, a young and timid man who shares a room with Y, to
stab Y with a knife while he (Y) is asleep.
Z threatens X that he will make sure that X will be
killed if he (X) does not obey his orders.
X, who is terrified of Z, takes drugs so that he can
build up the courage to execute the order.
In his drunken state, he stabs and kills Y. X is
charged with the murder of Y.
You are X’s legal representative. Discuss which defence you will invoke to ensure a complete
acquittal of X.
prison, will try to kill him.
He instructs X, a young and timid man who shares a room with Y, to
stab Y with a knife while he (Y) is asleep.
Z threatens X that he will make sure that X will be
killed if he (X) does not obey his orders.
X, who is terrified of Z, takes drugs so that he can
build up the courage to execute the order.
In his drunken state, he stabs and kills Y. X is
charged with the murder of Y.
You are X’s legal representative. Discuss which defence you will invoke to ensure a complete
acquittal of X.
Answers
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You're being asked 1) about drunkenness or drugging being a defence. You can surely find out from your books and work whether they are and whether voluntary intake makes a difference
2) ditto duress and the standard that has to be met for it to succeed and whether the weakness of X makes any difference.
We're not going to write the essay for you !
2) ditto duress and the standard that has to be met for it to succeed and whether the weakness of X makes any difference.
We're not going to write the essay for you !
Damn mike, we're helping! LOL.. Duress in murder? See R v Howe [1987] A.C. 417 HL. (and cases there cited) Intoxication etc? See DPP v Majewski [1977] A.C. 443 HL (and cases there cited)
If yorrick can't find those or doesn't understand the case references, there's no helping him or her.Those cases will lead to others but all are certain to be in any current textbook.
If yorrick can't find those or doesn't understand the case references, there's no helping him or her.Those cases will lead to others but all are certain to be in any current textbook.
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