Duress Flashcards

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1
Q

Type of defence

A

Duress is a full defence for most crimes and the burden of proof is on the prosecution to disprove that the defendant was under duress. Duress cannot be used for murder (Howe) or attempted murder (Gotts)

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2
Q

Subjective test

A

Did the defendant believe that he or others would be killed or physically injured if he didn’t comply with the threats

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3
Q

First part of Graham test

A

requires the threat to be serious, unavoidable and imminent, plus duress cannot be self-induced

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4
Q

Serious

A

there must be serious threats, those of which cause death or personal injury (Valderrama-Vega)

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5
Q

Avoid

A

the D must not be able to avoid the threat, meaning that he cannot use the defence if he has time to inform the police or to avoid the threat he had been threatened into committing (Hasan)

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6
Q

Specific offence

A

the defendant can only use the defence if the threats are in order to make him commit a specific offence (R v Cole)

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7
Q

Self induced

A

duress will not be available if the defendant has voluntarily associated with criminals, as he should have reasonable foreseen that he might be forced to commit crimes by threats or violence

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8
Q

Objective test

A

would a sober person of reasonable firmness of the same characteristics as the defendant, have reacted in the same or similar way

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9
Q

Characteristics

A

age, gender, pregnancy, disability or mental illness

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