Duress Flashcards
Duress by threats test
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?
Baker & Wilkins
Duress
Was D impelled to act as he did because they feared death or serious injury?
Types of valid threats+ case
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)
Bowen
Did D respond as a sober person of reasonable firmness sharing the same characteristics of D would have done?
Characteristics considered (Graham Test)
Age, sex, disabilities and pregnancy
Assessing immediacy of threats
Could D have fled, was the threat operating in D’s mind and was duress self induced?
Case for questioning if D had the opportunity to flee
Gill
Case for questioning if threat was operating in D’s mind
Abdul-Hussain
Case for questioning if duress was self induced
Sharp
Result of successful duress defence
Full acquittal
Was D impelled to act as he did because they feared death or serious injury?
Baker & Wilkins
Duress
Did D respond as a sober person of reasonable firmness sharing the same characteristics of D would have done?
Bowen
Gill
Case for questioning if D had the opportunity to flee
Abdul-Hussain
Case for questioning if threat was operating in D’s mind
Sharp
Case for questioning if duress was self induced
