duress Flashcards
1
Q
r v howe
A
duress can be used as a defence to all except murder
2
Q
r v gotts
A
it cannot be used against murder
3
Q
r v hasan
A
created the elements
4
Q
r v valderrama
A
the threat of disclosing his sexuality wasn’t enough for duress but there was also death threats so he was successful
5
Q
r v graham
A
two part test
1) did they believe the threat
2) would the sober person of reason or firmness sharing the same characteristics react the same way
6
Q
r v bowen
A
low iq isn’t relevant
7
Q
r v cole
A
the threat must be directly related to the crime
8
Q
r v sharp
A
when a person joins a gang and know they’re going to be subjected to pressure they’ve put themselves into it
9
Q
r v shepard
A
if the defendant is not an active member they can reply on the denver of duress
