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Words: | Submitted: Thu Jul 11 2002
... is left to the prosecution. (http://www.ukc.ac.uk/law/sample/criminal/defence5.htm) The defences are all or nothing defences, meaning they don't, if pleaded reduce the seriousness of the crime like provocation or diminished responsibility, they are total defences meaning if found not guilty then the case will be acquitted. (Criminal law 2) The differences may sound a little obvious by the names of the two, however the essay will now look at these and compare and contrast the two by drawing out the differences. The first and main difference is that the defence of duress by threat can only exist if the defendant is being threatened by serious harm or death to himself or his family, to do a criminal act. Duress by threat is only available to the defendant if he commits an offence that is, or like the one that was nominated by the person making the threat. If no crime is nominated then the defence ...
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