duress Flashcards
what 2 ways can duress be made?
through a direct threat or through circumstances
what is duress?
threats of death or serious injury
what is the main case for duress?
Valderrama - Vega
what is the 2 part graham test?
-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
what are the things set out under Bowen that can contribute to part 2 of the graham test?
-age
-pregnancy
-mental disorder
-sex
-serious physical disability
what is the case that sets out self induced duress?
Hasan
what is the case that shows examples of self induced duress?
-Sharp
-Shepard - was not self induced
what is the case for duress of circumstances?
R v Willer
what is a case example of duress of circumstance?
Martin