Duress

Question 1

what type of defence is duress 

Answer 1

General and complete defence of duress by threats

Question 2

what offences does duress apply to
case

Answer 2

all criminal offences with the exception of murder and attempted murder
gotts

Question 3

if the defence is successful the d will be

Answer 3

acquitted

Question 4

where are the rules for duress set out

Answer 4

two part test from graham

Question 5

What is the first part of the Graham test?

Answer 5

was the defendant compel to commit a crime because of threat of death or serious injury
valderama vega

aimed at the defendant, their family or somebody who they would regard themselves responsible for
wright

Question 6

valderrama vega

Answer 6

Threats of death, or serious injury

Question 7

wright

Answer 7

Someone who they would hold themselves responsible for

Question 8

cairns

Answer 8

The threat itself may not be genuine, but the defendant was reason we believe that it is careful of being carried out

Question 9

cole

Answer 9

There must be sufficient nexus between the threat and the crime committed

Question 10

The court will consider the second limb of the Graham test. What is this?

Answer 10

the jury must be satisfied that a reasonable person sharing some of the same characteristics of the defendant would’ve acted in the same way they did

Question 11

bowen

Answer 11

The age and gender can be taken into account and any relevant physical or mental characteristics, but not their level of IQ or timidity

Question 12

What must the threat be for the defence to be available?

Answer 12

Imminent, there must be a little opportunity to take evasive action

Question 13

hudson and taylor

Answer 13

If there is a safe avenue of the escape, the defence will fail

Question 14

When else will fail, and what is the case?

Answer 14

if the defendant has voluntarily associated with a gang, the defence will fail, as it is self induced duress

hasan