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A Level Law (Criminal) Assignment 12 - Necessity
Task
You will be set one of the following questions:
1. The defences of duress, necessity and duress of circumstances all recognise that a person ought not always to be regarded as criminally liable if he or she feels compelled to act against their will.
Critically evaluate how and why the courts have limited the availability of these defences.
(June 1998)
or
2. Dimitri, the owner of The Eggson Face, an oil tanker, is facing financial ruin. He plants a bomb on the ship. The bomb is timed to explode in mid-Atlantic so that he can claim the insurance money when the ship is destroyed. He realises that when the bomb explodes, the ship will sink and cause loss of life.
Consider the criminal liability of Dimitri in the following circumstances:
(a) The bomb explodes killing Fred and Ted, two crew members.
Consider the criminal liability of Jim in the following circumstances:
(b) Following the explosions the ship begins to sink. Jim is helping some injured crew members up a ladder from their sleeping quarters to the lifeboats. Captain Pugwash, who cannot swim, clings to the ladder in a state of terror blocking the way. He refuses to move. Jim knows that Pugwash cannot swim, but also realises that if Pugwash does not move they will all die. Jim screams at Pugwash to move, but he does not respond. Jim pulls Pugwash off the ladder appreciating that Pugwash will drown in the water below. Jim and the crew escape in the lifeboats and Pugwash drowns.
(June 1996)
or
3. Evaluate the effectiveness of duress (including duress of circumstances) as a defence.
(June 1995)
or
4. To what extent should duress and necessity be defences?
(June 1992)
or
5. To what extent should (a) mistake, and (b) necessity be defences to criminal liability?
(June 1991)
Guidance
My students should see me in the Law workshop or email me if help is required with this assignment.
Set: [date]
Due: [date]
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