Law Criminal law Essay Example | Topics and Well Written Essays - 1000 words

Law Criminal law - Essay Example blished in the case of R v Abdul Hussain, Aboud, Hasan, Naji, Muhssin, Hoshan [1999] CLR 57 it was held that in order to establish duress as a defence it had to be established that there was imminent peril of death or serious injury. However, as established in the Hoshan case it was held that whilst the period of time elapsing between the peril and the Defendan’t act was relevant, it wasn’t determinative. In the case of Linda must further demonstrate that she was forced to act and give a false alibi due to a reasonable fear of injury. Secondly, she must satisfy the objective test that a reasonable person would have responded to the threat in the same or similar manner as she did [R v Graham [1982] 1 WLR 294]. Alternatively, as established in the case of R v Hasan [2005] UKHL voluntary association with criminals known to be violent will prohibit the defence of duress. As such, this may prejudice Linda’s ability to rely on the defence. b) Richard will not be able to rely on the defence of duress as there is no immediate risk of harm or death. However, he may be able to rely on the defence of necessity, which is again limited in scope (R v Martin [1989] 1 ALL ER 652. If Richard can establish that the alternative of waiting for an ambulance would have resulted in serious harm to his wife then he may be able to rely on the defence of necessity. Again, he would have to satisfy the objective test that a reasonable person would have acted in the same or similar manner [R v Graham [1982] 1 WLR 294]. c) Whilst necessity is not a defence per se, if Sandra can demonstrate that there was a real risk of injury or death (which there was in this case) she will have strong grounds for relying on the defence of necessity ((Re A Minors) Conjoined Twins: Medical Treatment) 4 All ER 961. Sandra will also have to satisfy the objective test. However, if her defence of necessity fails, she will be potentially liable for involuntary manslaughter due to the lack of mens rea for