LAW P1 CASES (duress)

Question 1

What is the first case for duress?

Answer 1

• R v Hasan, the threat must be immediate or almost immediate

Question 2

What is the case for the first graham test requirement for duress?

Answer 2

• R v Valderrama-vega, the threat of death or serious injury can include both physical harm and psychological harm

Question 3

What is the case for the second graham test requirement for duress?

Answer 3

• R v Bowen, characteristics like low intelligence are not relevant in determining whether a reasonable person would have acted in the same way

Question 4

What is the case for the duress by circumstance (1st graham test point)?

Answer 4

R v Martin, the court of appeal held that duress by circumstance can provide a defence where the defendant reasonably believes taht acting unlawfully was necessary to avoid death or serious injury