R v Hurley and Murray
| Jurisdiction | Victoria |
| Date | 1967 |
| Year | 1967 |
| Court | Supreme Court |
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18 cases
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Teo Hee Heng v Public Prosecutor
...wider doctrine of duress under the common law that was enunciated by Smith J in the Supreme Court of Victoria case of R v Hurley & Murray [1967] VR 526 at 543. The judge there held that an accused may successfully plead a defence of duress if he is able to show that he committed the offence......
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Wong Yoke Wah v Public Prosecutor
...) was driven to urging the learned judge to adopt the wider doctrine of duress under the common law as enunciated in R v Hurley & Murray [1967] VR 526 at p 543. The learned judge said in his grounds of judgment that `the clear words of s 94 do not permit such a preference.`Before us learned......
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SL (A Juvenile) v DPP
... ... MR SEAN ENRIGHT (instructed by Martin Murray & Associates, 56 High Street, Slough, Berks SL1 1EL) appeared on behalf of the Claimant ... MR MICHAEL HICK (instructed by CPS, Thames ... ...
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Taiapa v The Queen
...to remove the threat had not previously arisen in an English case. However, the Court of Appeal appears to have accepted the statement in Hurley37 that an ingredient of the defence is the absence of a safe means of preventing the execution of the threat 38 . The Court of Appeal observed 39:......
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1 firm's commentaries
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Brief Explainer: Defences to assault charges
...3 Duress may be relevant in sentencing. 4 Duress is also referred to as 'compulsion' in some jurisdictions. References 1 R v Hurley [1967] VR 526; R v Abusafiah (1991) 24 NSWLR 531; 56 A Crim R 2 DPP for Northern Ireland v Lynch [1975] AC 653; R v McConnell [1977] 1 NSWLR 714. 3 R v Lawrenc......
5 books & journal articles
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The Paradox of Disallowing Duress as a Defence to Murder
...R v McConnell [1977] 1 NSWLR 714. See also D. W. Elliot, ‘Necessity, Duress and Self-Defence’ [1989] Crim LR 611.13 R v Hurley and Murray [1967] VR 526. The Paradox of Disallowing Duress as a Defence to Murder69application and (viii) he had no means, with safety to himself, of preventing th......
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Rape in Victoria as a Crime of Absolute Liability: A Departure from Both Precedent and Progressivism
...in the existence of facts which, if true, would have made his or herpractically certain to result from the act in question: R v Hurley [1967] VR 526 at540; R v Brown (1975) 10 SASR 139 at 154; Hyam vDPP [1975] AC 55, 74 (LordHailsham LC). Although a far less serious form of sexual assault t......
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The Defence of Duress Under the Criminal Code (WA)
...in such circumstances at least, has a defence of duress.62 Ibid 755-62. 3 [1967] VR 526. 4 Ibid 529. 5 [1975] AC 653. 6 R v Hurley [1967] VR 526, That proposition has generally been accepted as an accurate statement of the common law.7 An act done or an omission made under duress or compuls......
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CONSIDERATIONS OF TIME AND SPACE IN DURESS
...2 NSWLR 281. 53 For other case examples which have held that the coercer’s physical presence is not essential, see R v Hurley and Murray[1967] VR 526; R v Brown, supra n 33; R v Valderrama-Vega[1985] Crim LR 220; R v Abdul-Hussain, supra n 32. 54 [2000] 3 SLR 168. 55 Ibid at [11]. 56 Supra ......
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