defence of duress

Question 1

what is duress by threat? case?

Answer 1

Duress by threats is where the defendant committed a crime as D received personal threats, or threats to family members, or people for whom the defendant is responsible. It is for the jury to decide whether the threat was sufficiently serious to claim the defence of duress.( R v Howe)

Question 2

what is part 1 of the graham test

Answer 2

The graham test must be satisfied.
part 1 of the graham test asks was the defendant compelled to act in the belief that he or others would be killed r seriously injured if he did not comply with the threats.

Question 3

what does R v valderrama- vega say?

Answer 3

The seriousness of the threats must be considered. Threats of death and serious injury are necessary for the defence of duress.

Question 4

What must the threat be?

Answer 4

It must be unavoidable and imminent. The defendant must not be able to void the threats.

Question 5

why cant D use the defence?case?

Answer 5

If he had time to inform the police or to avoid the crime that he had been threatened into committing ( R v gill)

Question 6

what if it is a self induced duress

Answer 6

If self-induced duress, the duress will not be available where the defendant has voluntarily associated with criminals. The defendant should have reasonably foreseen that he might be forced to commit crimes by threats or violence due to such association. (R v Hasan)

Question 7

what is part 2 of the test?

Answer 7

Part 2 of the Graham test asks whether a sober person of reasonable firmness, sharing the defendant’s characteristics, would have acted similarly.

Question 8

what do the court take into account in part 2 ?

Answer 8

they will take into account the age and sex of the defendant, as this may affect his ability to resist pressure.

Question 9

What is duress of circumstances?

Answer 9

the defendant may plead the defence of duress of circumstances. This is where the defendant acts under duress because of threatening circumstances they found themselves in, ( R v conway)
cant apply defence for murder an attempted murder.

Question 10

What is the two-part test for duress of circumstances.

Answer 10

In r v martin the court of appeal established a two stage test for duress of circumstances that must be satisfied.

Question 11

part 1 - DOC

Answer 11

The defendant reasonably believed that death or serious injury would result ( subjective test)

Question 12

part 2 - DOC

Answer 12

The sober person of reasonable firmness would have done as the defendant did ( objective test)