Duress Flashcards
1
Q
what are the 2 types of duress
A
-direct threat by another (duress
by threats)
- external circumstances (duress of circumstances).
1
Q
Duress
A
full common law defence
if D is forced to commit crime because of threats - may not be guilty
2
Q
what did the case of R V Howe propose about Duress
A
‘duress is not a defence against murder, attempted murder or treason’
3
Q
definition of duress by threats
A
common law defence whereby someone
commits a crime because they were threated with death/ injury.
4
Q
how to apply duress by threats
A
D- did they act bc of threats?
U - under same incidents, would person act the same? (Baker)
R -risk of death/injury?
E-escape possible?
S- specific to crime
S - subjecting oneself to threats? e.g. gangs etc
5
Q
A
