duress

Question 1

Intro?

Answer 1

-duress is a full defence for most crimes
-cannot be used for murder (Howe)
-or attempted murder (gotis)

Question 2

Test for duress ?

Answer 2

-Graham test made up of two parts
-subjective test ‘did the d believe that he or others would be killed or physically injured if he didnt comply with the threat
-objective test ‘would a reasonable sober person with same characteristics as the d acted in the same way’

Question 3

first part?

Answer 3

-part of the graham test requires the threat to be serious, unavoidable and imment, plus it cant be self induced
- firstly must be serious threat, those which cayse death or personal injury are neccsary for duress (valderrma)
-the threat can be to the d family, friends (martin)

Question 4

second part ?

Answer 4

-must not be able to avoid the threat cnat use defence if had time to call the police to avoid what they were committing (hasan)
-threat must be immedate (r v gill)
-must hvae no safe avenue for escape (r v hudson v taylor)
-d can only use defence if the threat causes a specific offence (r v cole)

Question 5

last part ?

Answer 5

-duress wont be avalible if the d voluntarily associates with criminals
-it should have been foreseen that he might be forced to commit crimes
-However if d dosent believe it is self induced defence is available (shepard)

Question 6

second requirment ?

Answer 6

-is objective requires a sober reasonable person would have done what d did
-court takes into account d’s characteristics (bowen)
-e.g age,gender and disabilitys
-if d was voluntarily intoxicated and mistakenly believed threat cant use duress\