duress and necessity

Question 1

type of defence

Answer 1

general

Question 2

3 key points

Answer 2

• duress can be through a direct threat by another
• duress can be through circumstances
• threats of death or serious injury

Question 3

Valderrama - Vega

Answer 3

as long as the threat of death is in the mix it is enough

Question 4

2 parts of the Graham test

Answer 4

• was d compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death
• would a sober person of reasonable firmness, sharing D’s characteristics have responded in the same way

Question 5

Bowen

Answer 5

decided characteristics for “sober person of reasonable firmness”
- age
- pregnancy
- serious physical disability
- mental disability
- sex

Question 6

self induced duress

Answer 6

d puts himself in a situation where he knows he may be threatened with violence

Question 7

Hasan (formerly Z)

Answer 7

voluntarily associated with others engaged in criminal activity

Question 8

Sharp

Answer 8

voluntarily associated with a gang

Question 9

Shepherd

Answer 9

wouldn’t of expected violence/ violent threats- joined a non violent gang of thieves

Question 10

Willer

Answer 10

threatening situation but no direct threat- circumstances were threatening- allowed defence

Question 11

Martin

Answer 11

confirmed the same 2 stage test from Graham as duress by threats should be used for duress by circumstances