all cases for duress Flashcards
case for objective and subjective tests for duress by threat
graham
subjective= did the d genuinely believe that he would be killed or seriously injured if he did not comply
objective= would a sober person of reasonable firmness have acted in the same way
case for serious threats
valdamerra- vega
drug smuggling threats to kill d and his fam
case that established other factors to be considered
bowen- sex, pregnancy, age, rec medical condition, serious physical disability
case for threats to friends
conway
case for threats to family
cole
case for threats to bf/ gf
wright- drug smuggling to protect bf
case for the defence not being allowed when threats are self induced due to association with criminals/ gangs
hasan
case for duress not being available to murder
howe- lord hailsham ‘cowards and poltroon’
case for duress not being allowed for attempted murder
gotts
case for duress by circumstance reckless driving
conway
case for duress under circumstance, driving whilst disqualified due to hysterical wife
martin
case for duress under circumstance possession of a firarm
pommell
case for necessity defence
re A- conjoined twins jodie and mary