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KembaraXtra-Case Law- R v Sharp (1987)
Key Principle: The defence of duress is not available to an individual who voluntarily joins a criminal organisation or gang, knowing its nature.
Facts:
Key Principle: The defence of duress is not available to an individual who voluntarily joins a criminal organisation or gang, knowing its nature.
Facts:
- D was a member of a gang of robbers.
- D was aware that the gang used firearms.
- D participated in a post office robbery.
- D claimed he participated under threat of death from another gang member.
- Duty to Escape: An individual must attempt to escape the effects of duress if they can do so without suffering damage to themselves.
- Voluntary Association: A person cannot rely on the defence of duress if they have voluntarily joined a criminal organisation or gang, with full knowledge of its activities and nature.
- Voluntariness is Crucial: The defence of duress hinges on whether the involvement in the crime was truly involuntary.
- Pre-existing Knowledge: Knowledge of the criminal nature of a group at the point of joining disqualifies the use of duress as a defence, even if later threats are made.
- Foreseeability: Joining an organisation known to engage in criminal activities, particularly those involving violence (like the use of firearms), means the individual foresaw the potential for being subjected to threats. This foreseeability negates the involuntary aspect required for duress.
- Contrast: Think about scenarios where duress might be available. How does Sharp differ? (e.g., being forced into a situation without prior knowledge or voluntary association).
- Causation: Consider the chain of events. In Sharp, the voluntary joining of the gang is the initial act that removes the possibility of a duress defence later on, regardless of the specific threat.
- Public Policy: Consider the underlying policy reasons for this ruling. It prevents individuals from "arming themselves" with a potential defence by knowingly joining criminal groups.
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