DURESS (by threat)

Question 1

definition

Answer 1

d forced to commit a crime because of threat of death/serious injury

Question 2

1. first part of test

Answer 2

• THREAT OF DEATH/SERIOUS INJURY (valderrama-vega)
• effective but need not be immediate (R v Hudson & Taylor)
  NOT THREATS
• property (lynch)
• exposing adultery (singh)
• severe pain (quayle)
• psychological harm (baker & williams)

Question 3

2. second part of test

Answer 3

• THREAT DIRECTED TO D, IMMEDIATE FAMILY, SOMEONE CLOSE TO D
• defendant
• family/friends (martin)
• close to d (conway)

Question 4

3. third part of test

Answer 4

• DID D ACT REASONABLY?
• THE GRAHAM TEST
  1. did d honestly and reasonably believe they were immediate danger? (objective test following Hasan)
  2. would a sober person of reasonable firmness (shares same characteristics as d) respond in the same way? (objective)
• characteristics = age, gender, physical health, disability