Duress By Threats (Defences)

Question 1

What is duress by threats?

Answer 1

Where another person threatens the D with death or serious violence unless D commits an offence

Question 2

Case for test for both types of duress?

Answer 2

R v Graham

Question 3

First element of test for duress?

Answer 3

Was D compelled to act as he did because he reasonably feared death or serious injury?

Question 4

Second element of test for duress?

Answer 4

If so, did he respond as the sober person of reasonable firmness sharing the characteristics of the D would have done?

Question 5

R v Valderrama - Vega

Answer 5

Threats to expose homosexuality alone will not be enough

Question 6

R v Cole

Answer 6

Threat must be accompanied by an order to commit a specified crime

Question 7

R v Hassan

Answer 7

Voluntarily associated with others engaging in criminal activity, should have foreseen risk of association

Question 8

R v Bowen (Second element of test - duress by threats)

Answer 8

Age, sex, pregnancy, serious physical disability, recognised mental illness/psychiatric condition - characteristics to be taken into account