Duress

Question 1

Origin

Answer 1

Graham 1982
-complete defence
-not available for murder: Howe
-attempted: Gotts
-Treason
-force: commits AR with MR

Question 2

Elements

Answer 2

-threat and circumstance
-threat of death or serious injury
-threat against family and friends
-threat must be operative
-resisted threat

Question 3

2 types

Answer 3

Threat: D is threatened by another person to commit a particular crime
Circumstance: threat comes from the circumstance D finds themself in, responds by breaking the law

Question 4

Graham Test: Threat

Answer 4

Subjective
-circumstance that he honestly believed there to be/immediate danger
-R v Cairns: no need for Ds fear to actually exist, jump on bonnet

Question 5

Graham Test: Resistance

Answer 5

Objective
-sober person, reasonable firmness have responded in same way

Question 6

Threat of death or serious injury

Answer 6

-property not included
-R v Valderrama Vega: based on sexuality, drug dealer due to death threats

Question 7

Threat against family and friends

Answer 7

-Ortiz: wife and child
-Wright: boyfriend
-Conway: wide interpretation/ car passenger

Question 8

Threat must be operative/current

Answer 8

-Hudson and Taylor: witness at court

Question 9

Resisted Threat

Answer 9

Relevant characteristics must go to the ability to resist
-age, gender, illness, pregnancy, physical
-Bowen: IQ 68

Question 10

Self induced

Answer 10

Threat of violence likely
-Hasan: voluntarily, worked with dangerous person

Question 11

Intoxication

Answer 11

-voluntary intoxication and mistake= no defence
-no mistake and intoxication would be irrelevant