Duress Flashcards
Types of duress
by threats
of circumstance
Case for test of duress of threats
Graham
Test for duress of threats
- was d impelled to act because he feared death or serious physical injury?
- did he respond as a sober person of reasonable firmness sharing thew characteristics of the d would have?
Elements to consider for duress of threats
Nature of threat
Connection of threat and offence
Charcteristics of the d
effect of intoxication
immediacy of threat and chance to escape
self induced duress
duress of threats
Nature of threat definition
d must fear serious physical injury
duress of threats
Nature of threat case
Insufficient threats
Valderrama - Vega
duress of threats
Nature of threat case
Immediate family or someone the d feels responsible for
Hasan
duress of threats
Threat must have connection to offence
Cole
duress of threats
Characteristics of the D definition
did he respond as a sober person of reasonable firmness sharing the same characteristics of the d would have?
duress of threats
Characteristics of the d key case
Bowen
duress of threats
characteristics of the d to consider
Age
Sex
Pregnancy
Serious Physical Disability
Recognised Medical Condition
duress of threats
characteristics of the d to NOT consider
Low intelligence
Being timid or vulnerable
Self induced c’s (drugs, intox.)
duress of threats
Immediacy of threat and possible escape definition
no safe escape or avoiding threat
duress of threats
immediacy of threat and possible escape case
Gill
duress of threats
immediacy of threat and possible escape cases must be operating on mind at time of offence
Hudson and Taylor
Abdul Hussain
