Duress Flashcards

0
Q

To whom?

A

Shayler broaden this to mean anyone whom the situation makes the d responsible for ie a stranger

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1
Q

Threat of death or serious injury

A

Valderama vega states that an accumulation can be accounted for if it contains one of the death or serious injury

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2
Q

Graham test

A

Was the d forced to comity the crimes because he reasonably thought there was a threat or death or serious harm
Hassan
Would te sober and reasonable person with the ds characteristics have committed the same crime
Bowen - age, sex, rmc, pregnancy, disability

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3
Q

Escape

A

Gill states that if the d had a safe opportunity to escape or raise the alarm then they should have taken it

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4
Q

Imminence

A

Abdul Hussain states that the imminence of the threat must operate on the mind of the d as to overbear his will

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5
Q

Connection

A

There must be a direct like between the crime committed and the threat as in cole

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6
Q

Self induced duress

A

This is when via association with people of a criminal nature the d has induced the duress
Sharp - had
Shepherd - not

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7
Q

Duress by circumstances

A

Conway can be by circumstances

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