Duress

Question 1

Can duress of threats be used as a defence to murder or attempted murder?

Answer 1

No.

R v. Howe - murder | R v. Gotts - attempted murder.

Question 2

What is the test for duress and which case does it originate?

Answer 2

R v. Graham - would a sober man of reasonable firmness have done the same? (also has objective element)

Question 3

Can threats be made towards property or revealing sexuality?

Answer 3

No as seen in R v. Valderrama - Vega.

Question 4

What did R v. Ortiz establish?

Answer 4

Threats can be towards family and friends.

Question 5

What did R v. Wright add to the decision in R v. Ortiz?

Answer 5

Threats can be made to partners.

Question 6

List the factors to be considered in the Graham test.

Answer 6

• Time to call the police? (R v. Gill)
• Self-induced (R v. Hasan)
• D. can make a mistake (R v. Cairns)

Question 7

What will the objective part of the Graham test consider? What will it definitely not consider?

Answer 7

Will consider:
Physical and mental characteristics.

Won’t consider:

• Low IQ (R v. Bowen)
• Drug addiction (R v. Flatt)

Question 8

What does R v. Pommell show?

Answer 8

Duress of circumstances does not always regard traffic offences. (In this case, possession of a firearm).

Question 9

What is the burden and standard for duress?

Answer 9

On the prosecution to prove, beyond all reasonable doubt, the defence does not apply.