Paper 1.16b - Duress by Threat Flashcards
(13 cards)
Is duress by threats a full or a partial defence?
Full defence, results in an acquittal.
What is duress by threats? What case defined it?
D is forced to commit a crime due to another person threatening death/GBH.
AG Whelan
“Threats of immediate death or serious personal violence are so great that they overbear the ordinary powers of human resistance.”
What are the 6 elements of duress by threats?
- Who is the threat to?
- Is it serious?
- Is there a nexus between crime and threat?
- Is it immediate?
- Does it satisfy the Graham test?
- Are there limiting factors?
When using the defence of duress by threats, who can the threat be to/not be to?
D or others, not property or animals.
In duress by threats, a threat has to be made against d or others. What is meant by others and which case defines this?
Others means people close to d in proximity or relation.
Wright
D and her boyfriend had been threatened, CA awarded the defence despite not being family.
In duress by threats, what constitutes a serious threat? What case defines this?
The threat must be of death or serious injury.
Valderama-Vega.
In duress by threats, there must be a nexus (connection) between the threat and the crime. What is the case study of this?
Cole
D was threatened to get money for his debts. D did two robberies to get the money. Although d was under duress, they had not told him to rob the banks, so D was convicted.
In duress by threats, the threat must be immediate. What is the case study of this?
Hasan - if d has time to go to the police, they must do so.
In terms of duress by threats, what is the 2 part Graham test?
Subjective - Did d act because he feared death or serious injury?
Objective - Would a sober person of reasonable firmness with d’s characteristics have acted in the same way?
The duress by threats Graham test mentions how “d’s characteristics” are relevant. According to Bowen, what 5 five characteristics are relevant?
Age.
Pregnancy.
Serious physical injury / disability.
Recognised illness.
Gender.
NOT LOW IQ OR BEING TIMID
What are the two limitations to the defence of duress by threats?
Self-induced duress is likely to spoil the defence eg joining a gang.
No defence to murder or attempted murder.
In duress by threats, D has no defence if he foresees or should foresee that there is a risk of threat. What case decides this?
Hasan or Sharp.
What two cases decided that duress by threats is not applicable to murder and attempted murder respectively?
Howe (binding for murder, persuasive for attempted) and Gotts (binding for attempted murder).
