A constable or immigration officer may arrest without warrant anyone who has, or whom he, with reasonable cause, suspects to have, committed or attempted to ...

Crime — Duress — Burden of proof — Larceny — Whether for defence to establish duress — Whether ultimate burden on prosecution to destroy defence.

Study with Quizlet and memorise flashcards containing terms like facts of the case, Purpose of the appeal, Critical point and others.

The D can only use the defence if he is placed in a situation where there is "no safe avenue of escape". Page 20. Gill (1963). The D claimed he and his wife.

Test. Defendants IQ was not relevant characteristic as not part of ability to resist pressure and threats. Gill 1963. Defendant claimed he and wife been.

R v Gill [1963] 2 All ER 688 – (TA) – IA – (s 123 MCA). - ownership of property not a material averment. - not necessary to allege or prove who is the legal ...

b) Unavoidable R v Gill (1963) – D stole his employers' lorry because he was threatened with serious violence, but he had been left alone in the ...

The general nature of the defence of duress is that the defendant was forced by someone else to break the law under an immediate threat of serious harm.

R v gill- In R v Gill (1963), the defendant claimed that he and his wife had been threatened unless he stole a lorry. However, there was a period of time during ...

The defendant was disqualified from driving and his wife threatened to commit suicide unless he drove her son to work, his conviction was quashed due to duress ...