Duress

Question 1

What are the two types of duress

Answer 1

Direct threats or circumstances

Question 2

What must the threats be

Answer 2

Threats of death or serious injury

Question 3

Who must the target be

Answer 3

Target can be any identifiable person

Question 4

Valderama- Vega

Answer 4

If there was a threat of serious harm, all other threats can also be considered

Question 5

Graham

Answer 5

1. Was D compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death?
2. If so, would a sober person of reasonable firmness, sharing Ds characteristics have responded in the same way?

Question 6

Self induced duress

Answer 6

If D puts themselves in that position they can’t use duress

Question 7

What case was circumstance duress first recognised

Answer 7

R v willer

Question 8

R v Martin

Answer 8

1. Was d compelled to act as he did because he reasonably decided he had good cause to fear serious injury or death
2. If so would a sober person or reasonable firmness sharing Ds character have responded in the same way