DURESS

Question 1

what is the definition of duress?

Answer 1

Where the D only committed the crime because they were forced.

Question 2

what can duress be used for?

Answer 2

Any offences other than murder and manslaughter.

Question 3

what are the 2 types of duress?

Answer 3

• Duress by THREATS (stages 1-5).
• Duress by CIRCUMSTANCES (stages 2-5).

Question 4

what is stage 1 of duress?
(only applies to duress by threats)

Answer 4

Stage 1 : D must’ve committed a crime which was nominated by the person making the threat ~ COLE

Question 5

what is stage 2 of duress?

Answer 5

Stage 2 : The threat must be of death or serious injury. Threats against property are not enough ~ VALDERAMA-VEGA

Question 6

what is stage 3 of duress?

Answer 6

Stage 3 : The threat must be against the D or someone they are responsible for ~ WRIGHT

Question 7

what is stage 4 of duress?

Answer 7

Stage 4 : The threat must be immediate or almost immediate so that the D does not have time to go to the police ~ HASAN

Question 8

what is stage 5 of duress?

Answer 8

Stage 5 : Should the D have resisted the threats? If so, they will lose the defence.

Question 9

what is the key test for stage 5?

Answer 9

Key Test :
• GRAHAM - D must pass 2 stages:
- Subjective - Did the D act because he reasonably believed that if he did not, he or another would suffer death or serious injury?
- Objective - Would a “sober person of reasonable firmness”, but sharing the D’s characteristics, have responded by committing a criminal offence?

Question 10

what do the characteristics include for stage 5?

Answer 10

BOWEN - Characteristics include:
1) Age
2) Pregnancy
3) Physical/mental disability

Question 11

what is the side rule for stage 5?

Answer 11

SIDE RULE: Self-induced duress ~ If the D brought the pressure on themselves (e.g. by joining a gang), they lose the defence ~ HASAN