Duress (Paper 1) Flashcards
Meaning of duress
D only commits the crime because they were forced
Two types of duress
Duress by threats and duress by circumstances
Duress by threats
Where the D is actually threatened
Duress by circumstances
The pressure comes from the situation the defendant is in
Stage 1 of duress
You must commit the crime that was nominated by the person making threat (Cole)
Ruling from Valderamma-Vega
Threats must be of death or serious injury. Threats against property are not enough
Threats must be against who?
You, your family, or someone you are responsible for (Wright)
How immediate must the threat be?
Immediate or almost immediate so that you don’t have time to go to the police (Hasan)
Two stage test to determine if D should have resisted the threats comes from this case
Graham
First part of the Graham test
Did D act because he reasonably believed that they or another would suffer death or serious injury (subjective)
Second part of the Graham test
Would a ‘sober person of reasonable firmness’ but sharing the D’s characteristics, have responded by committing a criminal offence (objective)
Relevant characteristics under Bowen
Age, pregnancy, physical disability, mental disability
Meaning of self-induced duress
If D brought the pressure on themselves, such as by joining a gang
Ruling in Hasan regarding self-induced duress
Should the D anticipated the threat? Meaning should they have realised the gang they joined could threaten them in this way
