Flashcards in Duress Deck (11):
Hudson and Taylor
The threat must be of death or serious injury.
Threats of very serious psychological harm may suffice.
Rodger and Rose
The threat must be external to D
The cumulative effect of all the threats, not all of which need involve death of serious injury, may be considered by the jury.
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.
The threat must be directed at the offence committed (may be overruled by Martin (David)).
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.
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.
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.
David and Pittaway
The threat must not have expired when the offence was committed.