Defences: Duress of Threats Flashcards
What type of defence is duress of threats?
A full defence.
What is the result of a successful use of this defence?
An acquittal.
Who is the burden of proof on?
The prosecution.
What does the prosecution have to prove?
That, beyond all reasonable doubt, D didn’t act under duress.
What case defines duress of threats?
A-G v Whelan.
What is the definition of duress of threats?
D is forced to commit a crime or face death/serious injury due to threats from another person.
What must the threats overbear?
The powers of human resistance.
Who must the threats be towards?
- D. OR
- Others.
What case defines others?
R v Wright.
What is the definition of others?
People close to D.
What can the threats not be towards?
- Animals.
- Property.
What must the harm be?
Physical.
What was held in R v Valderrama-Vega?
The threat must be serious.
What is included under serious threats.
- GBH.
- Death.
What must there be a nexus between?
The threat and the crime.
How is a nexus between the threat and the crime established?
The crime must be nominated/told to D.
What must the threat be?
Immediate.
What case defines immediate?
R v Abdul-Hussain.
What is the definition of immediate?
Imminent not instantaneous.
What test must be satisfied?
The Graham Test.
What is the subjective part of the Graham Test?
“Did D act because he feared death/serious injury?”
What is the objective part of the Graham Test?
“Would a sober person of reasonable firmness with D’s characteristics have acted in the same way?”
What characteristics are relevant in the Graham Test?
- Age.
- Gender.
- Disabilities.
What are the exceptions/limitations for this defence?
- Not available for murder.
- Not available for attempted murder.
- Not available if D joins a gang.
