Duress by threat Flashcards
(18 cards)
What is the defence of duress by threats?
A full defence where the defendant has committed an offence due to being threatened with death or serious injury
Example: AG v Whelan
To which crimes can the defence of duress by threats apply?
It can be a defence to all crimes except murder and attempted murder
Examples: Howe, Gotts
What must the specific type of crime be in relation to the threat?
The specific type of crime must be nominated by the one making the threat
Example: Cole
Who must the threat be directed towards for the defence of duress by threats to apply?
The threat has to be to the defendant, his immediate family, or a third party to whom D feels responsible
Examples: Martin and Ortiz
What must the threat entail for the defence of duress by threats to be valid?
The threat has to be of death or serious injury
Example: Valderrama-Vega
True or False: A threat to expose sexuality is sufficient to satisfy the defence of duress by threats.
False
A threat to expose sexuality is not enough.
True or False: A threat to rape qualifies as a valid threat for the defence of duress by threats.
True
A threat to rape is enough to satisfy the defence.
Fill in the blank: A threat to psychological health is _______ to satisfy the defence of duress by threats.
not enough
Example: Baker and Wilkins
Fill in the blank: A threat to damage property is _______ to satisfy the defence of duress by threats.
not enough
This type of threat does not qualify.
What is the first part of the Graham test regarding duress?
Was D compelled to act because they reasonably believed they had good cause to fear death or serious injury?
This is a subjective test as outlined in the case of Cairns.
What is the second part of the Graham test regarding duress?
Would a sober person of reasonable firmness, sharing the characteristics of D, have responded in the same way?
This is an objective test as established in the case of Bowen.
What characteristics of D can be considered in the objective test?
Characteristics include:
* mental illness
* disability
* age
* gender
* pregnancy
Low IQ (Bowen) and addiction (Flatt) are not considered.
What does ‘imminent threat’ mean in the context of duress?
The threat must be imminent, although not immediate.
Relevant cases include Abdul-Hussain, Hudson and Taylor, and Shayler.
What must be absent for a defense of duress to be valid?
There must not be a safe avenue of escape, such as going to the police.
This principle is supported by the case of Gill.
What is the implication of self-induced duress?
Duress is not a defense where it is self-induced.
This applies if D joins a violent criminal gang or puts themselves in a position where they could be compelled to commit a crime (Hasan).
True or False: A person with a low IQ can use the defense of duress.
False
This is based on the ruling in the case of Bowen.
Fill in the blank: The threat must be _______ but not immediate.
imminent
What conclusion can be drawn regarding D’s potential guilt?
The defense of duress by threats may apply, so D may be found not guilty.
