LAW P1 CRIM (DURESS) Flashcards
(7 cards)
What are the 2 types of duress?
- Duress by threats
- Duress by circumstances
What is duress by circumstance?
Duress by circumstance is a common law defence where the defendant commits a crime because the circumstances they were in caused them to reasonable believe that they, or someone else, faced a threat of death or serious injury, and that committing the crime was the only way to avoid that harm
What crimes is duress by threats avialable?
Duress by threats is a common law defence and it is available to all crimes committed by a defendant under duress, other than murder.
What is the definition of duress by threats?
Duress by threats operates where the defendant argues that they were forced to commit a crime due to a direct threat aimed.
If the defendant had not been threatended, they would not have committed the offence.
What must the defendant satisfy to utilise duress by threats as a defence?
The defendant must satisfy the 2-part graham test:
- The defendant was compelled to act because they reasonably believed they had a good reason to fear death or serious injury
- Would a reasonable person of reasonable firmness sharing the same characteristics as the defendant have acted in the same way undet the same set of circumstances.
What are the cases for duress by threats?
R v Hasan, the threat must be immediate or almost immediate
(1st graham test) R v Valderrama-Vega, the threat of death or serious injury can include both physical harm and psychological harm
(2nd graham test) R v Bowen, characteristics like low intelligence are not relevant in determining whether a reasonable person would have acted in the same way
What is the case for duress by circumstance?
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
