Duress by threats

Question 1

Define duress by threats

Answer 1

D only commits the crime because they were forced to by threat

Question 2

Stage 1

Answer 2

2 stage test established in Graham

Question 3

2 stages of Graham test

Answer 3

1. Did D commit the crime because they reasonably thought they would suffer death or serious injury? (subjective)
2. Would a sober and reasonable person, sharing D’s characteristics, have acted in a similar way? (objective)

Question 4

Relevant characteristics for the Graham test case

Answer 4

Bowen

Question 5

Relevant characteristics for the Graham test

Answer 5

Age
Pregnancy
Physical disability
Mental disability

Question 6

Relevant characteristics:
Age
Pregnancy
Physical and mental disability

WHICH CASE?

Answer 6

Bowen

Question 7

What is stage 1 of the Graham test?

Answer 7

Did D commit the crime because they reasonably thought they would suffer death or serious injury? (subjective)

Question 8

Did D commit the crime because they reasonably thought they would suffer death or serious injury? (subjective)

Answer 8

Stage 1 of Graham test

Question 9

What is stage 2 of the Graham test?

Answer 9

Would a sober and reasonable person, sharing D’s characteristics, have acted in a similar way? (reference Bowen)

Question 10

Which stage of the Graham test is subjective?

Answer 10

1

Question 11

Which stage of the Graham test is objective?

Answer 11

2

Question 12

Stage 2

Answer 12

The threat must be of death or serious injury. Threats against property are not enough (Valderamavega)

Question 13

Valderamavega

Answer 13

The threat must be of death or serious injury. Threats against property are not enough

Question 14

The threat must be of death or serious injury. Threats against property are not enough

Answer 14

Valderamavega

Question 15

Stage 3

Answer 15

The threat must be against D or someone they are responsible for (Wright)

Question 16

Wright

Answer 16

The threat must be against D or someone they are responsible for

Question 17

The threat must be against D or someone they are responsible for

Answer 17

Wright

Question 18

Stage 4

Answer 18

The threat must be immediate so that D cannot go to the police (Batchelor)

Question 19

Batchelor

Answer 19

The threat must be immediate so that D cannot go to the police

Question 20

The threat must be immediate so that D cannot go to the police

Answer 20

Batchelor

Question 21

Stage 5

Answer 21

D must have committed the nominated crime (Cole)

Question 22

Cole

Answer 22

D must have committed the nominated crime

Question 23

D must have committed the nominated crime

Answer 23

Cole

Question 24

Side rule of stage 5

Answer 24

If the duress is self induced, D will lose the defence (Hasan)

Question 25

Hasan

Answer 25

If the duress is self induced, D will lose the defence

Question 26

If the duress is self induced, D will lose the defence

Answer 26

Hasan