Duress

Question 1

What test do we use in duress

Answer 1

Graham test

Question 2

what 2 questions does the Graham test ask

Answer 2

1. was D compelled to act because of threats of death or serious injury? (subjective)
2. would a sober person of reasonable characteristics have responded in the same way? (objective)

Question 3

1. the D had to have been at threat of death or serious injury

Answer 3

A threat that is less than death or serious injury, such as threat to disclose a previous conviction will not be sufficient.