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Law > Duress > Flashcards

Duress Flashcards

1
Q

Definition of Duress?

A

When someone has forced you to commit a crime

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2
Q

Cases regarding Duress?

A

R v Howe
R v Wilson
R v Hasan

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3
Q

Point of law in R v Howe for Duress?

A

Never a defence to murder

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4
Q

Point of law in R v Wilson for Duress?

A

Children cannot use defence for murder

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5
Q

Point of law in R v Hasan for Duress?

A

Lord Bingham sets out 6 tests to prove Duress

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6
Q

What are the 6 test Lord Bingham sets out to prove Duress?

A

Is there a threat of death or serious injury?
Is the threat directed to the D or someone close to him/her?
Did the D act reasonably (objective test)?
Are the threats to commit a specific crime?
Any evasive action that could have been taken?
Did the D voluntarily lay themselves open to the threat?

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7
Q

What is stated about threat of death or serious injury in Duress?

A

Cannot be a lesser threat

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8
Q

Case for threat of death or serious injury for Duress?

A

Valderrma-Vega

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9
Q

Point of law in Valderrma-Vega for Duress?

A

Threat must be in the moment and during the time

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10
Q

Cases for threat directed to the D or someone close to him/her for Duress?

A

R v Martin
R v Conway

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11
Q

Point of law in R v Martin for Duress?

A

Can be threat to family

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12
Q

Point of law in R v Conway for Duress?

A

Can be threat to a friend

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13
Q

What case states the two test for did D act reasonably (objective test) for Duress?

A

R v Graham

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14
Q

Point of law in R v Graham for Duress?

A

Intoxication is not considered

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15
Q

The tests from R v Graham for Duress?

A

D reasonably thought they were going to be seriously injured or cause death?

Would a sober person of reasonable firmness, sharing characteristics of accused have responded in the same way?

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16
Q

Relevant characteristics for Duress?

A

Age
Pregnancy
Serious Physical Disability
Mental Illness
Gender

17
Q

Case for characteristics in Duress?

A

R v Bowen

18
Q

Point of law in R v Bowen for Duress?

A

Low IQ is not a relevant characteristic

19
Q

Case for threats to commit a specific offence for Duress?

A

R v Cole

20
Q

Point of law in R v Cole for Duress?

A

Must be told to commit a specific offence

21
Q

Cases for any evasive action that could have been taken for Duress?

A

R v Gill
Hudson v Taylor

22
Q

Point of law in R v Gill for Duress?

A

No safe avenue of escape

23
Q

Point of law in Hudson v Taylor for Duress?

A

Police are not always effective

24
Q

Cases for did the D voluntarily lay themselves open to the threat for Duress?

A

R v Sharp
R v Hasan

25
Q

Point of law in R v Sharp for Duress?

A

Joining a criminal organisation is laying yourself open to the threat

26
Q

Point of law in R v Hasan for Duress?

A

Associating with a criminal gang is laying yourself open to the threat

Law (25 decks)

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