Duress

Question 1

Definition

Answer 1

D has effectively been forced to commit crime by being threatened by death or serious violence

Question 2

what 5 steps are they

Answer 2

1. Threat
2. Test for duress
3. Relevant characteristics
4. Immediacy
5. Self Induced duress*

Question 3

1. Valderama Vega
   Cole

Answer 3

• Threat must be to kill or do serious bodily harm (GBH)
• Threat must be specifically related to the crime committed

Question 4

2.
Graham( test)

Answer 4

• Was the D compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death (subjective)
• Would a sober person of reasonable firmness, sharing the characteristics of the accused of responded in the same way (objective)

Question 5

3. Bowen
   (examples)

Answer 5

-characteristic which might make the D less able to resist pressure than people without these characteristics
- Examples:
age
gender
pregnancy
serious physical disabilities that inhibit self protection

Question 6

4.
Abdul- Hussain
Gill
Hudson and Taylor

Answer 6

-threat was imminent in the sense it was hanging over them
- defence not available if there is a safe avenue of escape
- available police protection may not always be effective

Question 7

5. *
   Sharp
   Shepherd
   Hasan

Answer 7

• Defence not available if D knew gang was violent
• Defence available if D did not know gang was violent
• Defence not available if D voluntary associates with others engaged in criminal activity and could foresee the risk of being threatened with serious violence

Question 8

• Intoxication

Answer 8

if D becomes voluntary intoxicated and mistakenly believes he is being threatened the defence will fair
- if there is no mistake the defence is available intoxication is irrelevant.

Question 9

Duress of circumstances

Answer 9

situation the D find themself that dictates the crime rather than a person, no requirement that a person specifies a crime must be committed

Question 10

Willer
Cairnes
Pammell

Answer 10

• jury should consider whether they did their actions under compulsion or duress
• threat does not have to be real
• available to all crimes but murder, attempted murder and treason

Question 11

Necessity

Answer 11

conduct not harmful because of a choice of two evils therefore the choice of not avoiding the greater harm was justified

Question 12

Dudley v Stephens
R & A

Answer 12

• refused to recognise the defence
• recognised in civil law