duress Flashcards
1
Q
Howe and Gotts
A
says you cant use duress as a defence to murder or attempted murder.
2
Q
Vega
A
was threatened with death, so defence worked
3
Q
graham test
A
- did D reasonably believe he had good cause to fear death or serious injury.
- would a sober person of reasonable firmness, sharing Ds characteristics have responded in the same way.
4
Q
Bowen
A
decided the characteristics would be attributed: age, disability, pregnancy, mental disorder, sex/gender.
5
Q
Hasan
A
self induced- defence is not allowed when D voluntarily associated himself with others involved in criminal activity.
6
Q
sharp
A
self induced - cant use defence if D voluntarily joined a violent gang.
7
Q
shepherd
A
can use defence if joining a group that D didn’t think were violent, e.g shoplifting.
8
Q
willer
A
recognised duress of circumstance, had to escape a gang by driving on the pavement.
9
Q
martin
A
confirmed that the graham test would be used in duress by circumstance as well.
