Duress

Question 1

Definition

Answer 1

When a person is forced to commit a crime by someone else

Question 2

Duress by threats

Answer 2

D is forced to commit a crime because of a threat of death or serious injury made to him

Not available for murder (Howe)

Question 3

The threat

Answer 3

The threat has to be of serious injury or death ( valderrama- vega)

Question 4

Must be directed at d

Answer 4

The threat must be directed at the D
Family/friends (martin)
Someone close to the d (Conway)
A person who d would regard themself as accountable for (hasan)

Question 5

Did d act reasonably

Answer 5

Graham test
Did d honestly and reasonably belive his life was in danger?
Would a sober and reasonable firmness have responded in the same way?

Question 6

Threat relate to

Answer 6

Have to relate directly to the crime committed (Cole)

Question 7

Evasive action

Answer 7

Duress can only be used if there was no safe avenue of escape (Gill)

Question 8

D open themselves up to threat

Answer 8

D cannot rely on duress if they have voluntarily laid themselves open to threats ( sharp)