Duress by threat Flashcards
What is duress by threat
The defendant is forced to perform the criminal act by someone else, they fear a threat or serious injury
What case would you use for the definition of duress by threats
Cole
When is duress by threats available
Any crime except murder and attempted murder
What case set out the 6 rules for duress by threat
Hasan
What are the 6 rules set out in Hasan
- There must be a threat to cause death or serious injury
- The threat must be directed against D or someone close to them
- Whether D acted reasonably in the light of the threat will be judged objectively
- The threats relate directly to the crime committed by the D
- There was no evasive action the D could have taken
- D cannot use the defence if they voluntarily put themselves in the position (self-induced)
What must the threat not be in order for duress to stand
Must not be implied
What case stated that duress can not come from an implied threat
Hammond
Who may a threat be aimed at
You, family, or someone close to you
What case sets out the 2 part test which determines whether Ds response was reasonable
Graham
What was the 2 part test set out in Graham
1 - Was the D compelled to act because they feared serious injury or death (subjective)?
2 - Would a sober person of reasonable firmness have responded in the same way (objective)?
What case sets out what characteristics should also be considered when deciding if the D acted reasonably
Bowen
What are some characteristics that will be considered for duress by threat
Age, sex, physical health/ disability, less able to resist pressure or mental illness
What factors will not be considered for duress by threat
More vulnerable, provocation and self inflicted abuse
What must the threat be in order for the duress by threat to stand
Specific to the crime committed
Is a defendant able to use duress by threat if they are able to escape
No
