Duress - Paper 1 Flashcards
(14 cards)
What is the definition of Duress?
Where D is forced to commit a crime
What are the three crimes which Duress cannot be used as a defence for?
1) Murder
2) Attempted Murder
3) Treason
What are the two types of Duress?
1) Duress by Threats
2) Duress by Circumstance
What does Duress by Threats mean?
D feels forced to commit a crime because of a specific threat
What does Duress by Circumstance mean?
Where D feels forced to commit a crime because of the situation
What is Stage 1 of Duress by Threats?
D must satisfy the two-part test established in Graham:
1) Did D act because he reasonably believed that they (or another) would suffer death or serious injury? (subjective)
2) Would a ‘sober person of reasonable firmness,’ but sharing D’s characteristics, have responded by committing a criminal offence? (objective)
What was held in Bowen?
Relevant characteristics include age, pregnancy, physical disability, mental disability
What is Stage 2 of Duress by Threats?
The threat must be of death or serious injury. Threats against property are not enough (Valderama-Vega)
What is Stage 3 of Duress by Threats?
The threat must be against D or someone they are responsible for (Wright)
What is Stage 4 of Duress by Threats?
The threat must be immediate or almost immediate so that D does not have time to alert the authorities (Batchelor)
What is Stage 5 of Duress by Threats?
D must have committed a crime which was nominated by the person making the threat, there must be a nexus between the threat and crime committed (Cole)
What if there is self-induced duress?
D could lose the defence as they have brought the pressure on themselves, e.g. by joining a gang (Hasan)
Which case established the first three stages for Duress by Circumstance?
Re A
Which case expanded the test for Duress by Circumstance?
Martin, the Graham test is now also included
