Duress

Question 1

Definition

Question 2

threat

Answer 2

either threat of harm or death equal to GBH
or
a threat of circumstances (Willer)

Question 3

against defendant or immediate family

Answer 3

threat must be against the defendant themselves or their immediate family (not siblings or best friends)

Question 4

did the defendant act reasonably

Answer 4

1) compelled to act out of reasonable fear of injury or death
2) would a sober person or reasonable firmness act the same way if they shared the same characterisitics as the defendant - look as the defendants characteristsics meaning age, pregnancy, ability ect. (Graham)

Question 5

direct relation

Answer 5

offence committed but be directly related to the threat made (Cole)

Question 6

imminence of threat

Answer 6

cannot use if there was an obvious rout of escape where the defendant could go to the police

Question 7

Self induced duress

Answer 7

cannot use the defence if it is deemed as self induced duress meaning you put yourself in the position to be threatened (Hassan)