Duress Flashcards
1
Q
Howe and Gotts
A
Murder and attempted murder - not duress defence
2
Q
1-6?
A
Threat serious injury Against defendant or family Acted reasonably Relate to crime Evasive action Open to threats
3
Q
Threat must be imminent
A
Hammond
4
Q
Prevent lesser evil
A
Abdul-Hussain
5
Q
Subj test?
A
Reasonable from defendant point of view?
6
Q
Obj test
A
Would reasonable, sober person have acted in same way?
7
Q
Defintion
A
Defendant has committed an offence due to threat of death or serious injury.
