duress

Question 1

what are the two types of duress

Answer 1

duress by threats
duress by circumstance

Question 2

what is duress

Answer 2

where the defenadant has the AR and MR of the offence by they do it under a threat so it is an absoulte defence is proven

Question 3

what is the burdern of proof for duress

Answer 3

on the prosicution to disprove d was under duress

Question 4

what offences is duress not avaliable for

Answer 4

muder or atempted murder

Question 5

give cases for duress not avaliable for muder/atempted murder

Answer 5

R v Howe
R v Wilson
R v Gotts

Question 6

what case set out the elements of duress

Answer 6

R v Hassan

Question 7

what are the 6 elements of duress

Answer 7

1-threat of death/serious injury
2-threat must be to relevent person
3-D action must be objectivly reasonable in the light of the threat
4-could d have taken evasive action?
5- did the threat relate to the crime
6did d lay themselves out to the threat

Question 8

what is the first element of duress

Answer 8

there must be threat of death or serious injury

Question 9

what must be proved for the first element of duress

Answer 9

that a threat of death or serious harm exsisted

Question 10

what else can the jury consider for the first element of duress + case

Answer 10

other threats when threat of death/injury is present
R v Vanderrama-Vega

Question 11

for the second element of duress who can the threat be against

Answer 11

the defendant
their immidiate family
those whom d reasonably regards themself responcible for
-possibly strangers but theres no clarification

Question 12

what is the 3rd element of duress

Answer 12

d’s act must be objectivly reasonable in the light of the threat

Question 13

what case set up the 2 part test for the 3rd elemnt of duress

Answer 13

R v Graham

Question 14

what is the 2 part test set up in R v Graham

Answer 14

1-subjective test-did d genuily and reasonably believe the threat existes and was of of death/PI
2-objective test-would a reasonable man react the same

Question 15

for the objective test in the R v Graham test what else can be considered + case

Answer 15

not iq-R v Bowen
age, serious disablity, pregnacy, mental illnes, gender

Question 16

what is the 4th element of duress

Answer 16

could the d have taken any evasive action- only avaliable if there was no safe avenue of escape

Question 17

give cases for the 4th element of duress(no escape)

Answer 17

R v Gill- no defence
R v Hudson + Taylor- Defence

Question 18

what is the 5th element of duress

Answer 18

did the threat relate directly to the crime commited by D

Question 19

give a case for the 5th element of duress and explain its importance

Answer 19

R v Cole
there must be a sufficient link between the threat and the crime commited

Question 20

for the 5th element of duress what must the threat be

Answer 20

must be effective at the moment the crime is commited by donst need to be immediate

Question 21

give a case for the threat needing to be imminent peril of death/sieious injury

Answer 21

R v Abdul-Hussain

Question 22

what is the 6th elemnt of duress

Answer 22

did d lay themselfes open to the threat

Question 23

if d voulountarilay layed themselves open to the threat is the defence avaliable?

Answer 23

no

Question 24

give cases for the 6th element of duress

Answer 24

R v Sharp
R v Hassan

Question 25

if there is mistaken belief based on volountary intoxication will there be a defence

Answer 25

no

Question 26

if the defendant is intoxicated but it is irrelevant to the duress will there be a defence

Answer 26

yeah if all the other elements are fufilled

Question 27

what is duress of circumstance

Answer 27

where d fears death or serious injury which arises from the situation D is in

Question 28

what are the elements for duress of circumstance

Answer 28

the same of duress of threat except d does not need to be threatened into doing a specific crime

Question 29

give cases for duress of circumstance

Answer 29

R v Willer
R v Conway
R v Martin
R v Abdul-Hussain

Question 30

what is the test for duress of circumstance

Answer 30

1-an act must be done to prevent an act of greater evil
2-the evil must be directed towards D or a person/people who they were responcible for
3-the act must be reasonable + proportionate to the evil avoided