duress part 2

Question 1

common law defence

Answer 1

duress is a defence under common law

Question 2

types of duress

Answer 2

duress by threats - graham
duress by circumstances- willer

Question 2

complete defence

Answer 2

if successful , leads to full acciqutal

Question 3

same test applies

Answer 3

same 2 stage test applies to both types

Question 4

standard test

Answer 4

hasan

Question 5

threat required

Answer 5

• must be threat of death or serious injury -
  graham

Question 6

who can the threat be against

Answer 6

must be against immediate family , D , or someone close to them/someone they feel responsible for
hasan

Question 6

2 stage objective test

Answer 6

subjective - did D believe the threat was real - safi
objective - would a sober person of reasonable firmness with the same characteristics as D act the same - graham

Question 7

relevant characteristics.

Answer 7

age , gender, wtv
- Bowen

Question 8

nexus requirement

Answer 8

the threat must be linked to the offence D committed - Cole

Question 8

escape possibility

Answer 8

• no defence if D had a reasonable chance to escape - gill

Question 8

immediacy of threat

Answer 8

must be immediate or almost

Question 9

present threat

Answer 9

• doesn’t have to be immediately carried out but must be present

Question 10

voluntary association with criminals

Answer 10

no defence if D voluntarily joins a violent gang - sharp
- defence if D didnt know of the gangs violent nature - Shepard

Question 11

self induced characterises

Answer 11

not included - Bowen

Question 12

murder/ attempted murder

Answer 12

• no defence for murder/ attempted murder
• howe