duress Flashcards

1
Q

what 2 ways can duress be made?

A

through a direct threat or through circumstances

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2
Q

what is duress?

A

threats of death or serious injury

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3
Q

what is the main case for duress?

A

Valderrama - Vega

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4
Q

what is the 2 part graham test?

A

-was d compelled to act as he did because he reasonably thought he had good cause to fear serious injury or death
-if so, would a sober person of reasonable firmness, sharing d’s characteristics have responded in the same way

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5
Q

what are the things set out under Bowen that can contribute to part 2 of the graham test?

A

-age
-pregnancy
-mental disorder
-sex
-serious physical disability

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6
Q

what is the case that sets out self induced duress?

A

Hasan

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7
Q

what is the case that shows examples of self induced duress?

A

-Sharp
-Shepard - was not self induced

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8
Q

what is the case for duress of circumstances?

A

R v Willer

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9
Q

what is a case example of duress of circumstance?

A

Martin

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