Duress

Question 1

Duress by threats test

Answer 1

Graham Test:
Was D impelled to act as he did because he feared death or serious injury (and was the threat immediate)?

If so, did he respond as a sober person of reasonable firmness sharing the same characteristics of D would have done?

Question 2

Baker & Wilkins

Duress

Answer 2

Was D impelled to act as he did because they feared death or serious injury?

Question 3

Types of valid threats+ case

Answer 3

Must fear serious injury or death and threat must be on self or immediate family, any other threat can be considered a mitigating factor (Valderrama-Vega)

Question 4

Bowen

Answer 4

Did D respond as a sober person of reasonable firmness sharing the same characteristics of D would have done?

Question 5

Characteristics considered (Graham Test)

Answer 5

Age, sex, disabilities and pregnancy

Question 6

Assessing immediacy of threats

Answer 6

Could D have fled, was the threat operating in D’s mind and was duress self induced?

Question 7

Case for questioning if D had the opportunity to flee

Answer 7

Gill

Question 8

Case for questioning if threat was operating in D’s mind

Answer 8

Abdul-Hussain

Question 9

Case for questioning if duress was self induced

Answer 9

Sharp

Question 10

Result of successful duress defence

Answer 10

Full acquittal

Question 11

Was D impelled to act as he did because they feared death or serious injury?

Answer 11

Baker & Wilkins

Duress

Question 12

Did D respond as a sober person of reasonable firmness sharing the same characteristics of D would have done?

Answer 12

Bowen

Question 13

Gill

Answer 13

Case for questioning if D had the opportunity to flee

Question 14

Abdul-Hussain

Answer 14

Case for questioning if threat was operating in D’s mind

Question 15

Sharp

Answer 15

Case for questioning if duress was self induced