Duress by Threats Flashcards
(3 cards)
1
Q
Source
A
- Common law
- Excusatory
- Full defence
2
Q
Definition
A
Pressured to commit crime due to threat
3
Q
Elements
A
1 - Directed at D/person D felt responsible for (Valderama Vega, Wright)
2 - Threat of death/serious injury, psychiatric is insufficient (Valderama Vega)
3 - Threat must specify crime (causal nexus - Cole)
4 - Imminent (Haran)
5 - Take any opportunity to escape or seek help (Gill)
6 - Not self induced (gang - Sharp)
7 - Crime cannot be murder/attempted murder (Howe, Gotts)
8 - Not threat to pets/property
9 - Graham test = believe threat (mistakes allowed), sober person of reasonable firmness would believe threat (shared characteristics = age, sex, pregnancy, disability, recognised psychiatric condition, not IQ (Bowen))
