duress threat Flashcards
(17 cards)
The defence of duress by threats may apply, which is
a full defence where the defendant has committed an offence due to being threatened with death or serious injury (AG v Whelan).
It can be a defence to
all crimes except murder and attempted murder, (Howe, Gotts).
The specific type of crime must be
nominated by the one making the threat (Cole).
The threat has to be to
the defendant, his immediate family, or a third party to whom D feels responsible for (Martin and Ortiz).
The threat has to be of
death or serious injury. (Valderrama-Vega).
is not enough to satisfy the defence.
is enough to satisfy the defence.
is not enough (Baker and Wilkins).
is not enough.
The jury must consider a
2-stage test (Graham):
Firstly,
was D compelled to act because they reasonably believed they had good cause to fear death
or serious injury? (a subjective test - Cairns).
Secondly,
if so, would a sober person of reasonable firmness, sharing the characteristics of D, have
responded in the same way? (an objective test - Bowen).
mental illness, disability, age, gender and pregnancy, but not low IQ (Bowen), or addiction (Flatt).
The threat must be
imminent, although not immediate, (Abdul-Hussain, Hudson and Taylor and Shayler.)
There must not be a
safe avenue of escape, such as going to the police (Gill).
self-induced, (Hasan), either because D joins a criminal gang he knows is violent OR D puts himself in a position where he realised or ought to have realised that he could be compelled to commit a crime by being threatened.
To conclude,
the defence of duress by threats may apply, so D may be found not guilty.
