Duress V2 (In progress) Flashcards
(15 cards)
What is the general test for duress?
- Graham
- Did D reasonably believe in the threat?
- Would a sober person of reasonable firmness have acted the same?
- (Sober person sharing D’s characteristics - Bowen)
Case: D must be compelled to commit a specific offence
- Cole
Case: Duress by threats: Threats of death of serious injury
- Hasan
- Graham
Case: Duress by threats: Threats made against D or someone D feels responsible for
- Shayler
Case: Duress by threats: Threat must nominate a specific crime
- Cole
Case: Duress by threats: Can it be a defence for murder or attempted murder?
- NO
- Howe
Case: Duress by threats: Is there a defence if D voluntarily joined criminals knowing the risk?
- NO
- Hasan
What is duress of circumstances?
- No person is threatening D, but the situation or emergency pressures D
What is the test for duress of circumstances?
- Same as Graham, but extended to external events
Is the defence of duress of circumstances allowed where there is a reasonable fear of serious harm?
- YES
- Conway
Can duress of circumstances be used for non-immediate threats?
- If imminent enough, they can qualify under Abdul
Duress by necessity, definition
- More controversial, D claims they had to break the law to prevent a greater harm, not necessarily under threat
Duress by necessity: “Best interests necessity”
- Re F
- Medical interventions on mentally incapacitated patients can be justified under necessity
Duress by necessity: Is cannibalism accepted?
- Dudley
- No for survival if extreme
Duress by necessity: Re A
- The act is needed to avoid inevitable and irreparable evil
- No more should be done than reasonably necessary
- Evil inflicted must not be disproportionate to the evil avoided
