Duress Flashcards
(9 cards)
1
Q
What is duress?
A
where D commits a nominated crime due to threats of death or serious violence
2
Q
what is duress not a defence for?
A
murder and attempted murder
3
Q
what is a threat
A
threat of death or serious violence (hammond)
4
Q
who does the threat have to be directed to?
A
the defendant/someone close to them
5
Q
what is the graham test?
A
- did D have reasonable cause to fear serious injury or death
- would the RP have acted in the same way
6
Q
what are special characteristics?
A
age,pregnant
7
Q
what is a nominated crime?
A
where the threat and crime are directly linked (cole)
8
Q
what is evasive action
A
a safe avenue of escape
(gill)
9
Q
when will D not be provided defence e.g gang
A
when D voluntarily lays themselves open to threats (shepherd)
