Duress^ Flashcards
R V Howe (Duress)
you can’t use duress by threat as a defence to murder
R V Gotts (Duress)
can’t use duress by threat as a defence to attempted murder
R V Hasan (Duress)
Elements for duress by threat
1) threat must be of death or serious injury
2) threat must be directed towards the D, their immediate family, someone close to them or they feel responsible for
3) the D acted reasonably (objective)
4) threat must relate directly to the crime
5) The D must have no other opinion
6) D must not have put themselves in that situation
R V Graham (Duress)
2 part test for duress by threat
1 - did the D have good cause to believe they were subject to death or serious injury
2 - would a sober person of reasonable firmness and share the characteristic of the D have responded in the same way
R V Bowen (Duress)
A D’s IQ would not be taken into account when deciding if they acted reasonably for duress by threat
R V Cole (Duress)
there was no direct relation between crime and threat for duress by threat
R V Gill (Duress)
The D does not have an opportunity for safety for duress by threat
R V Sharp (Duress)
duress by threat does not work if D knowingly joined a criminal gang
R V Shephard (Duress)
may use duress by threat if D is not an active member
R V Willer (Duress)
created duress by circumstance
the D was forced to do it
R V Conway (Duress)
only available if the D is avoiding death or serious injury
R V Pommel (Duress)
duress by circumstance can be used for any offence except murder or attempted murder
R V Cairns (Duress)
as long as the D believes there is a threat there is no need to show it for duress by circumstance (mistaken belief)
