Duress

Question 1

Definition

Answer 1

Where d only commits the crime becuase they were forced

Question 2

Stage one (only threats)

Answer 2

The d must have committed the crime nominated by the person threatening them (Cole)

Question 3

Stage two

Answer 3

The threat must be of death of serious injury. Threats against property are not enough (Valderama-Vega)

Question 4

Stage three

Answer 4

The threat must be against d or someone they are responsible for (wright)

Question 5

Stage four

Answer 5

The threat must be immediate or almost immediate so d does not have time to go to the police (hasan)

Question 6

Stage five

Answer 6

Should d have resisted the threats? D must pass the Graham test

Question 7

Part one of the Graham test

Answer 7

Did d only act becuase he reasonably believed that if he did not, he or another would suffer death or serious injury

Question 8

Part two of the Graham test

Answer 8

Would a sober person of reasonable firmness but sharing the d’s characteristics have responded by committing the crime

Question 9

Self induced duress

Answer 9

The d has brought the pressure open them self’s (gangs) they will loose the defence (hasan)