Duress Flashcards
what type of defence is duress 
General and complete defence of duress by threats
what offences does duress apply to
case
all criminal offences with the exception of murder and attempted murder
gotts
if the defence is successful the d will be
acquitted
where are the rules for duress set out
two part test from graham
What is the first part of the Graham test?
was the defendant compel to commit a crime because of threat of death or serious injury
valderama vega
aimed at the defendant, their family or somebody who they would regard themselves responsible for
wright
valderrama vega
Threats of death, or serious injury
wright
Someone who they would hold themselves responsible for
cairns
The threat itself may not be genuine, but the defendant was reason we believe that it is careful of being carried out
cole
There must be sufficient nexus between the threat and the crime committed
The court will consider the second limb of the Graham test. What is this?
the jury must be satisfied that a reasonable person sharing some of the same characteristics of the defendant would’ve acted in the same way they did
bowen
The age and gender can be taken into account and any relevant physical or mental characteristics, but not their level of IQ or timidity
What must the threat be for the defence to be available?
Imminent, there must be a little opportunity to take evasive action
hudson and taylor
If there is a safe avenue of the escape, the defence will fail
When else will fail, and what is the case?
if the defendant has voluntarily associated with a gang, the defence will fail, as it is self induced duress
hasan
