Duress.

Question 1

first line for duress

Answer 1

full defence for most crimes
d will be aquitted
can’t use for murder (howe)
or attempted murder (gott)

Question 2

first part graham test, the subjective test

Answer 2

did d believe he/others would be killed/seriously injured if didn’t comply

Question 3

second part graham test, objective test

Answer 3

would a sober person of reasonable firmness & similar character, have reacted similarly

Question 4

first part of the graham test- threat

Answer 4

must be threat of death/serious violence (valderrama-vega)
can be to friends/family (martin)

Question 5

second part of the graham test- imminent/unavoidable

Answer 5

mustn’t be able to avoid threat-imminent/unavoidable, cannot report the threat to police (hasan)
threat must be immediate, no safe avenue of escape (abdul-hussain)
specific crime (cole)

Question 6

duress will not be available if the d has…

Answer 6

voluntarily associated w violent criminals e.g joining gang known for violence
should have reasonably foreseen the risk he may be forced to commit a crime

Question 7

second part of graham test-

Answer 7

sober person, reasonable firmness would’ve done the crime under duress
court may take characteristics e.g age, gender, pregnancy, mental illness, physical disability
NOT=low iq (bowden)

Question 8

voluntarily intoxicated

Answer 8

if voluntarily intoxicated & mistakenly believed they are being threatened
defence not available, however if there is no mistake, the intoxication is irrelevant