Duress

Question 1

Definition

Answer 1

Defendant was forced to break law under an immediate and direct threat of bodily harm or death befalling themselves or someone else.

Question 2

Effect of successful plea

Answer 2

Complete defence of not guilty

Question 3

Who introduces the evidence

Answer 3

The defendant

Question 4

Who has to prove the burden of proof?

Answer 4

The prosecution

Question 5

What does the prosecution have to prove?

Answer 5

That the D was not acting under duress.

Question 6

Who’s test is used in duress?

Answer 6

Graham test

Question 7

Availability of duress

Answer 7

All offences except murder and attempted murder.

Question 8

2 elements to prove from graham test

Answer 8

D impelled to commit crime because he feared death or serious physical injury.
sober person with same characteristics would have acted same way.

Question 9

First element

Answer 9

Must be death or serious physical harm.

Question 10

Gotts

Answer 10

Duress not available for attempted murder.

Question 11

Singh

Answer 11

Adultery exposure not significant

Question 12

Vega

Answer 12

Cumulative effects of all threats taken into account.

Question 13

Second element

Answer 13

Must be directed at D, a person for whose safety they would reasonably regard themselves responsible.

Question 14

A person for whose safety they would reasonably regard themselves responsible case

Answer 14

Hasan

Question 15

Third element

Answer 15

Must be imminent

Question 16

What does imminent mean

Answer 16

Threat should ‘hang over’ D at the time he commits the offence.

Question 17

Hussain

Answer 17

Threat should of operate on mind of D.

Question 18

Taylor

Answer 18

Threat neutralise the will of D at time of commiting offence.

Question 19

Fourth element

Answer 19

Must not be self induced

Question 20

What does self induced mean

Answer 20

Where D brings duress on himself through own actions.

Question 21

Hasan

Answer 21

Defence failed because D induced by his association with criminal group.

Question 22

What does it mean should D have resisted

Answer 22

A sober person of reasonable firmness sharing characteristics of D would have acted the same way.

Question 23

Gotts

Answer 23

Threat must be one that ordinary man would not of restricted.

Question 24

Bowen

Answer 24

Defence failed as IQ was irrelevant.

Question 25

Characteristics that can be used

Answer 25

Age
Pregnancy
Recognised medical condition

Question 26

Characteristics that cant be used

Answer 26

Homosexuality
Self induced characteristics
Being more vunerable

Question 27

Martin

Answer 27

CA quashed conviction as suffered schizoid affective.

Question 28

The defence of duress of circumstances meaning

Answer 28

Threat does not come from a person but the circumstances in which D finds him/herself.

Question 29

Conway

Answer 29

Action must be reasonable and proportionate to the threat.

Question 30

Martin

Answer 30

Threat sufficient for duress of circumstances

Question 31

Pommel

Answer 31

To all crimes except murder or attempted murder.

Question 32

Rodger and rose

Answer 32

Circumstances were internal not external so couldn’t use defence.