duress

Question 1

duress by threats definition

Answer 1

the pressure to commit crimes comes from another person threatening you

Question 2

duress by circumstance definition

Answer 2

the pressure comes from the situation the D is in

Question 3

stage 1: must commit the crime that was nominated by person making the threat

Answer 3

COLE

Question 4

stage 2: how serious must the threat be

Answer 4

VALDERRAMA-VAGA- must be a threat of serious death or injury, threat to property is not enough

Question 5

stage 3: who the threat is against

Answer 5

WRIGHT: threat must be against you, your family or someone who you are responsible for

Question 6

stage : how immediate must the threat be

Answer 6

HASAN- threat must be immediate or almost immediate, shouldn’t have time to go to the police

Question 7

stage 5: should d have resisted threats (GRAHAM)

Answer 7

-1) did D act because he believed if he did not he or another would suffer death or serious injury (subjective test)
2) would a sober person of reasonable firmness but sharing D’s characteristics have responded by committing a criminal offence (objective test)

Question 8

stage 5: BOWEN

Answer 8

relevant characteristics included age pregnancy, physical disability, mental disability but not low IQ

Question 9

stage 5: side rule HASAN

Answer 9

self-induced duress if D should have anticipated the threat the defence will fail