Exercise 027 | Law

Exercise 027

Necessity and Duress:The Queen against Cheree Ann Lorenz [1998] ACTSC 81 (14 August 1998)

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Easy questions

  1. How would you cite the case?
  2. Who was the judge?
  3. Why was there no jury in this case?
  4. In what court was this case heard? Where in the hierarchy does this court sit?
  5. What was the outcome of the case?
  6. What were the orders of the court?
  7. What is the context of the judgement - the type of case (civil, criminal, etc) and whether first instance or appellate?
  8. Define the following terms (using your legal dictionary):
    1. duress
    2. battered woman syndrome

More difficult questions

  1. What was the legal issue in this case?
  2. What was the argument of counsel for the defendant?
  3. On what basis did he make this argument?
  4. For what reasons did the judge give more credibility to the evidence of the defence than the prosecution?
  5. In what way was battered woman syndrome considered by the judge to be relevant to the defence?
  6. What did the judge state were the requirements for a defence of duress?

Complex questions

  1. What was the judge's reasoning in relation the defence of duress?
  2. Identify the cases on which this reasoning was based. What use did the judge make of these decisions? Did he follow them, apply them, distinguish them?
  3. Do you agree with his reasoning?
  4. Did the judge agree that there is a defence of necessity?
  5. Did the judge think necessity was a defence in this case?
  6. Can you find a rule you think this case stands for?