Duress

Question 1

What is Duress!

Answer 1

Defendant commit crime against his will

Question 2

Graham 1982 develop 2 tests?

Answer 2

1)D carry out an act due to feared death or serious personal injury?
2)Did he respond as a sober person of a reasonable person?

Question 3

What is threat?

Answer 3

Must be death or serious physical harm even if committed crime was minor.if the threat is to destroy or damage property or do some less serious injury

Question 4

Cases for Threat?

Answer 4

-Baker and Wilkins-Threat must be physical injury not psychological
-Hasan-Threat of violence against D’s family is sufficient

Question 5

What is the characteristic of Defendant?

Answer 5

Bowen (1996)-being invulnerable not considered and self induced characteristics are not considered
-Characteristics will be taken into account Age,pregnancy,serious physical disability, recognised mental illness

Question 6

What is the possibility of escape?

Answer 6

Defence can only be used where D has no safe opportunity to escape

Question 7

Case for possibility of escape

Answer 7

-Gill 1963-Could not rely on defence of Duress because left alone between threat and crime had opportunity to contact police
-Hudson and Taylor-Threat must be on D’s mind (be effective)

Question 8

What case is for Test of circumstances?

Answer 8

Martin

Question 9

What are Martin 2 test?

Answer 9

1)Did D act as he did due to a fear death or serious injury?
2)Might a reasonable person responded in same way?