Chapter 14 Scenario questions

1. Liya has committed a theft at work, because her colleague, Damien, threatened to injure her colleague and best friend, Sue, if she did not.
Could this amount to a defence, if evidenced?

She could rely on the defence of duress by threats.

She could not rely on duress as she chose to be in the office.

She could rely on the defence of duress of circumstances.

She could not rely on any defence as she chose to offend.

2. Ambesa has been stopped for speeding in the car, because he was driving at 70mph in a 30mph zone. On later being questioned, he explains that this was because he was driving his wife to the hospital, as she was in labour and he believed there were complications.
Could this amount to a defence, if evidenced?

He was speeding, so there is no defence.

He could try to argue duress of circumstances.

He was significantly over the limit, so there is no defence.

He could try to argue duress by threats.

3. Elia suffers from a mental health condition which includes delusional beliefs and a fear of being watched. One afternoon, Elia was in discussion with their colleague Xander, when Elia began to feel unwell, and began to believe that Xander was watching them.
Elia killed Xander as a result.
Which general defence best corresponds to these facts?

Automatism.

Diminished responsibility.

Intoxication.

Insanity.

4. Stephen has pushed Bob over in the street and restrained him.
Stephen claims he did so because he was protecting his grandmother, whom he asserts Bob was trying to rob.
Which general defence best corresponds to these facts?

Automatism.

Insanity.

Self-defence.

Duress.

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