Basics Of Duress Flashcards
What must the threat do to d and case
The threat must be such that is overbears d’s will AG v whelan
What crimes is it available for
Most crimes except murder and attempted murder
What are the two forms of duress
Duress of threats and duress of circumstance
For duress of threat the threat must be (time scale) and case
Immediate of almost immediate as in hasan
For d of t there must be a threat of death or serious injury case
Singh
What will not be classed as a serious injury + case
Psychological injury as in baker and Wilkins
For d of t there can be a string of threats which include death of SI as in which case
Valderama vega
For d of t who can the threat be to, case
To yourself or others
Martin , Wright
For d of t d has to be told the crime to commit which case
Cole
What type of defence is it
General