Duress Flashcards
Graham
Test
Reasonable fear of death or serious injury
Would a sober person with reasonable fitness sharing d characteristics have responded in same way
Hasan
Threat of death or serious person injury
Van dao
Threat of false imprisonment insufficient
Had mobile phones as a means to escape
Valderrama vega
Threats must cause d to commit crime but need not be sole cause
Loveless on domestic violence
women experience domestic violence in more ways than physical. ‘Emotional violence, for instance, can be experienced by women as more frightening and undermining than physical battering although it is rarely subject to legal sanction and on its own would not qualify as duress.
Imminent harm
The threat must be of imminent harm so that D could not reasonably be expected to take evasive action (no reasonable means of escape)
Hudson v Taylor
Court room
Abdul Hussain
significant factor was whether the threat had operated on their minds
at the time of the offence so as to overbear their will.
Safi
Reasonable belief in harm
The threat need not exist in fact so long as D reasonably believes that it does
Cairns
- D, believing that he was being followed by a threatening group, drove off, injuring V who had climbed onto the bonnet of his car. V fell off and D drove over him. The group of friends were actually trying to prevent V from behaving as he did. D pleaded duress of circumstances. On appeal against conviction, it was held that what mattered was D’s reasonable belief in the threat not whether the threat actually existed in fact.
Brandford
Threat can be relayed to d indirectly
Cole
Must be nexus
Reasonable person
The test here refers to a sober person of reasonable firmness sharing D’s characteristics. This part of the test for duress has been interpreted strictly. It is largely objective in nature.
Bowen
Man of low iq threatened
Judge refused characteristics to be put before jury
GAC
it could not be established that D had been subjected to violence so severe that she had lost her free will.
