Duress Flashcards
Definition of Duress?
When someone has forced you to commit a crime
Cases regarding Duress?
R v Howe
R v Wilson
R v Hasan
Point of law in R v Howe for Duress?
Never a defence to murder
Point of law in R v Wilson for Duress?
Children cannot use defence for murder
Point of law in R v Hasan for Duress?
Lord Bingham sets out 6 tests to prove Duress
What are the 6 test Lord Bingham sets out to prove Duress?
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?
What is stated about threat of death or serious injury in Duress?
Cannot be a lesser threat
Case for threat of death or serious injury for Duress?
Valderrma-Vega
Point of law in Valderrma-Vega for Duress?
Threat must be in the moment and during the time
Cases for threat directed to the D or someone close to him/her for Duress?
R v Martin
R v Conway
Point of law in R v Martin for Duress?
Can be threat to family
Point of law in R v Conway for Duress?
Can be threat to a friend
What case states the two test for did D act reasonably (objective test) for Duress?
R v Graham
Point of law in R v Graham for Duress?
Intoxication is not considered
The tests from R v Graham for Duress?
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?
Relevant characteristics for Duress?
Age
Pregnancy
Serious Physical Disability
Mental Illness
Gender
Case for characteristics in Duress?
R v Bowen
Point of law in R v Bowen for Duress?
Low IQ is not a relevant characteristic
Case for threats to commit a specific offence for Duress?
R v Cole
Point of law in R v Cole for Duress?
Must be told to commit a specific offence
Cases for any evasive action that could have been taken for Duress?
R v Gill
Hudson v Taylor
Point of law in R v Gill for Duress?
No safe avenue of escape
Point of law in Hudson v Taylor for Duress?
Police are not always effective
Cases for did the D voluntarily lay themselves open to the threat for Duress?
R v Sharp
R v Hasan
Point of law in R v Sharp for Duress?
Joining a criminal organisation is laying yourself open to the threat
Point of law in R v Hasan for Duress?
Associating with a criminal gang is laying yourself open to the threat
