Duress

Question 1

duress

Answer 1

-complete defence
-no voluntary actus reus

Question 2

r v valderrama

Answer 2

threatened to expose homosexuality, did not qualify for element 1

Question 3

r v hasan (elements)

Answer 3

1- threat must be of death or serious injury (valderrama)
2- threat must be directed at d/ immediate family/someone close to them
3-did d act reasonably: the sober person of reasonable firmness sharing the characteristics of d wouldve acted the same way” (r v bowden)
4- threat must relate directly to crime (r v cole)
5- d must have no other option (r v gill)
6 d must not put themselves in threat ( r v sharp)

Question 4

r v hawe

Answer 4

can be used as a defence to all but two offences: murder and manslaughter

Question 5

r v gotts

Answer 5

it cannot me used for attempted murder

Question 6

r v graham

Answer 6

two part test of reasonableness
“the sober person of reasonable firmness sharing the characteristics of d wouldve acted the same way”

Question 7

r v bowen

Answer 7

low iqs not relevant as a characteristic

Question 8

r v cole

Answer 8

threat must directly correlate to crime

Question 9

r v gill

Answer 9

must have no other choice

Question 10

r v sharp

Answer 10

joining a gang is included as putting themselves into the threat