duress by threats

Question 1

definition

Answer 1

D is forced to commit a crime because of threats of death/ serious injury made to him.
Not available for murder (Howe) or Attempted murder (Gotts).

Question 2

6 part test

Answer 2

R v Hasan

Question 3

must be a threat of serious injury or harm

Answer 3

• (Valderrama-vega)
• must be effective, not always immediate (Hudson and Taylor)

Question 4

must be directed at the D, family or someone close

Answer 4

anyone D is responsibile for (Hasan)
family (martin)
someone close (Conway)

Question 5

did the D act reasonably?

Answer 5

Graham test
a. D honestly and reasonably believe life was in immediate danger (Martin). AND
b. Would a sober and reasonable person have responded in the same way? (Hegarty).

Question 6

the threats must relate to the crime

Answer 6

threats are made in order to commit a specific crime (cole)

Question 7

only available where there is no avenue of escape

Answer 7

(Gill) - no time to escape and raise alarm
if it wouldn’t be effective its alloud (Hudson and Taylor)

Question 8

D can’t rely on duress if they voluntarily opened themself open to threats

Answer 8

-D brought duress upon himself (sharp) eg joining gang
D forsees risk is a fail (Hasan)