duress Flashcards
what offences id duress not avaliable for
- murder
- attempted murder
- treason
what is mean by duress by threat
the pressure to commit the crime comes form another person threatning you (stages 1-6)
what is meant by duress by circumstances
the pressure comes from the situation the D was in (stages 2 -6)
stage 1
you must commit the crime that was nominated by the person making the threat
stage 1 case held
cole - no defence as this was not what they told him to do
stage 2
how serious must the threat be
stage 2 case held what
valderamma-vegga - there must be a threat of death or serious injury. threats made agains propert is not enough
stage 3
threats against who
stage 3 case held what
wright - the threats must be against you , your family , or someone who you are responsible for
stage 4
how immediate must the threat be
stage 4 case held
hasan - the threat must be immediate or almost immediate so you dont have time to go to the police station
stage 5
should the D have resisted the threat
what did graham establish in stage 5 (2QS)
- did the D act because he reasonably believed that if he did not he or another would suffer death or serious injury (subjective)
- would a sober person of reasonable firmness but sharing the D charecteristics have responded by commiting a criminal offence (objective)
what did bowen in stage 5 held
relevant charecteristics include age, pregnancy, mental disability,physical disability
side rule of seld induced duress
where D brought the pressure on themselves e.g by joining a gang and the gang then threatens them or associating with violent people who threaten them defence will be lost
