Duress Flashcards
what is the definition of duress?
(Graham)-d was impelled to act as he did because he feared death or serious physical injury and he responded as a sober person of reasonable firmness sharing characteristics would have done?
what is the first step of duress?
what was the nature of the threat
- (Graham)-d must have feared death or serious physical injury
- (Valderrama Vega)-must be threats of death or serious injury
what is the second step of duress?
who was the threat made to
- (Valderrama Vega)-immediate family
- (Hasan)-person whose safety d would reasonably regard himself as responsible
what is the third step of duress?
is there a connection between the threat and offence committed
-(Cole)-must be connection
what is the fourth step of duress?
-(Hasan)-d must reasonably and genuinely believe the threat will be carried out
what is the fifth step of duress?
did d respond as a sober person of reasonable firmness sharing the characteristics of d?
-(Graham)
- (Bowen)-following relevant characteristics:
- age and sex
- physical disability
- pregnancy
- mental illness or psychiatric condition
following irrelevant characteristics:
- low intelligence
- fact that d might be more timid or vulnerable
- characteristics that are self induced
what is the sixth step of duress?
was there immediacy i’d the threat or possible chance of escape?
-(Hasan)-d must believe threat will be carried out
what is the seventh step of duress?
was the duress self induced?
(Sharp)-person voluntarily and with knowledge of its nature joins a criminal organisation or gang knew might bring pressure on him to commit offence and was active member
(Hasan)-voluntarily associates with others who engage in criminal activity and foresaw or ought reasonably to have for seen the risk that he might be subjected to any compulsion by threats of violence
