Duress Flashcards

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1
Q

cases for duress defence not accepted for murder or attempted murder

A
  • R v Gotts
  • R v Howe
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2
Q

what are the two types of duress

A
  • duress by threats
  • duress by circumstances
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3
Q

what is duress by threats

A

D committed a crime as he received personal threats or threats to family members, or people for whom the defendant is responsible for

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4
Q

what was confirmed in R v Cole

A

needs to be a connection between the threats made to the accused and the offence committed in response to the threats

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5
Q

who needs to consider the two-part test set out in R v Graham

A

the jury

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6
Q

Part 1 of the Graham test

A

was the defendant compelled to act in the belief that he or others would be killed or seriously injured if he didn’t comply with the threats

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7
Q

what must the threat to the defendant be

A

serious, unavoidable and imminent

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8
Q

can duress be self-induced

A

can’t be self-induced

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9
Q

case for defendants belief that he would be killed must be reasonable (objective test)

A

R v Hasan

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10
Q

what type of threats are necessary

A

threats of death and serious injury

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11
Q

what was confirmed in R v Valderrama-Vega

A

the court held that only the threat to him and his family were able to afford the defence of duress, not the threat to expose defendants homosexuality

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12
Q

case for threat needs to be immediate

A

R v Gill

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13
Q

case for self-induced duress

A

R v Hasan

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14
Q

Part 2 of the Graham test

A

Would a sober person of reasonable firmness, sharing the same characteristics of the defendant, have acted in a similar way

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15
Q

what will the courts take into account when considering part 2 of the Graham test

A

age and sex of the defendants

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16
Q

what will the jury take into account when considering part 2 of the Graham test

A
  • serious physical disability
  • pregnancy
  • recognised mental illness/psychiatric disorder
17
Q

what wasn’t taken into account by the courts in R v Bowen

A

defendant being of low IQ/intelligence

18
Q

what isn’t taken into account

A
  • intoxication
  • defendant being ‘timid
  • defendant being more vulnerable to threats
19
Q

where is duress of circumstances mainly used

A

in driving offences

20
Q

what is duress of circumstances

A

defendants may have been forced to commit a driving offence because of the circumstances they found themselves to be in

21
Q

what was established in R v Conway

A

duress of circumstances should have been a possible defence

22
Q

in what case did the court of appeal establish a two-stage test for duress of circumstances

A

R v Martin

23
Q

first stage for duress of circumstances

A

defendant reasonably believed that the death or serious injury would result

24
Q

second stage for duress of circumstances

A

sober person of reasonable firmness would have done as the defendant did

25
Q

in what case was the defence of duress of circumstances extended beyond driving offences

A

R v Pommell