Dures Bt Threats Flashcards
The 2 tests
Hassan test
Graham test
What is it not a defence too
Murder - R V gotts
Attempted murder - R V Howe
4 things
Threat of death or serious violence
Threat to R or other identified person
Hassan test
Graham test
Graham test
Was d compelled to act because they reasonably believed they had a good reason to fear death or serious injury
Would a sober person of reasonable firmness, sharing same characteristics have done same in the circumstances
Hassan test elements
Nature of threat
Threat made in connection to offence
Characterises of d
Intoxication
Immediacy of threat
Self induced - gang
Nature of threat
Death or serious injury (GBH) - Valdarrama vega
To d or other identified person - R V wright
Threat made in connection to offence
R V cole - instructions must be specific to threat
Characteristics of D
R V Bowen - Low IQ is to be ignored
Look at: age gender, disability pregnant
Not weak minded or easily influenced
PERSON OF REASONABLE FIRMNESS
Immediacy of threat
Threat must be unavoidable - R V Hudson and Taylor
Chances to escape must be taken - Abdul V Hussain
Self induced
R V Fitzpatrick- voluntary association with violent criminal gangs stops defence of duress
What must the gang be
Violent
R V Shepard - up to jury
R V sharp test
- Member Must be voluntary
- Know nature of gang
- Know gang could have brought pressure
- Be active member
all must be satisfied
Judge from sharp test
Lord Bingham
Common law or act
Common law
Hassan test
Graham test
Sharp test
