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Criminal Law > Duress > Flashcards

Flashcards in Duress Deck (11):
0

Hudson and Taylor

The threat must be of death or serious injury.

1

Shayler

Threats of very serious psychological harm may suffice.

2

Rodger and Rose

The threat must be external to D

3

Valderrama-Vega

The cumulative effect of all the threats, not all of which need involve death of serious injury, may be considered by the jury.

4

Howe

If the threat is to persons other than D, they must be people for whom D "reasonably regards himself as being responsible" and it has to "at least be possible to describe the individuals by reference to the threat.

5

Cole

The threat must be directed at the offence committed (may be overruled by Martin (David)).

6

Graham (2 precedents)

1. D's belief that he has been threatened with death or serious injury must be a genuine and reasonable belief.

2. The threats must be such that a sober person of reasonable firmness sharing D's characteristics would have given in to them.

7

Bowen (3 precedents)

1. D's unusual susceptibility to threats or frailty of constitution is not a relevant characteristic.

2. The characteristic must place D within an identifiable class of persons who are by result of that characteristic more susceptible to threats than persons outside that class.

3. Characteristics due to self-induced abuse are not relevant.

8

Hasan (2 precedents)

1. The threat must be of imminent harm such that D has no opportunity to take evasive action.

2. D must not have associated with criminals where he ought REASONABLY to have foreseen that he might be subjected to threats of violence as a result.

9

David and Pittaway

The threat must not have expired when the offence was committed.

10

Howe/Gotts

Duress is not a defence to murder/attempted murder.