duress by circumstance Flashcards

1
Q

what is meant by no specific intent required?

A

The D had no choice but to react to the circumstance that they were in

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2
Q

what case defined no specific intent needed?

A

Willer

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3
Q

how must the D be acting?
2

A

to avoid serious injury or death

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4
Q

how is acting to avoid serious injury or death judged?

A

objectively

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5
Q

what case defined acting to avoid serious injury or death?

A

conway

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6
Q

what test is used

A

graham test

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7
Q

what is the first part of the graham test

A

was D compelled to act as he did as he reasonably believed he had a good cause to dear death or serious injury and D reasonably believes the threat existed?

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8
Q

what case defined the first part of the graham test?

A

saif and others

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9
Q

what is the second part of the graham test?

A

if so, would the sober and reasonable person, sharing the characteristics of D acted in the same way?

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10
Q

who decides if there is a defence of duress?

A

the jury

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11
Q

what is a case for jury deciding if there is a defence

A

pommell

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