Defences - Duress

Question 1

Graham

Answer 1

Gives the two stage test for establishing duress

Question 2

Singh

Answer 2

a threat to expose an affair is insufficient for duress (needs to be death/serious violence)

Question 3

Valderama-Vega

Answer 3

a threat to expose homosexuality is insufficient for duress (needs to be death/serious violence)

Question 4

Lynch

Answer 4

a threat against a property is insufficient for duress (needs to be death/serious violence)

Question 5

Abdul-Hussain

Answer 5

the threat must be imminent and overbear the defendant’s own free will

Question 6

Gill

Answer 6

if there is a safe avenue of escape, the defendant is expected to take it

Question 7

Ortiz/R v K/Hurley & Murray

Answer 7

the threat must be towards the defendant, or someone for whom they reasonably feel responsible for

Question 8

Hasan

Answer 8

Objective Test - the reasonable person is of the same age/from the same background

Question 9

Bowen

Answer 9

Objective Test - low IQ is an irrelevant characteristic, unless due to mental illness

Question 10

Hegarty

Answer 10

Objective Test - the person of reasonable firmness is not timid

Question 11

Cole

Answer 11

DBT - the person making the threat must specifically require the defendant to commit a crime , and must specify the type of crime

Question 12

Sharp/Fitzpatrick

Answer 12

DBT - the plea of duress will not be accepted if the defendant joined a gang known to be violent, or knowing he may be put under pressure to commit a crime

Question 13

Shaylar

Answer 13

outlines the 3 aspects of duress of circumstances

Question 14

Pommell

Answer 14

DOC - the crime must be committed to avoid a greater evil

Question 15

Bell

Answer 15

DOC - the crime must be a reasonable and proportionate response to the evil threatened, and they must only commit the crimes absolutely necessary to escape the threat