Duress Flashcards
To whom?
Shayler broaden this to mean anyone whom the situation makes the d responsible for ie a stranger
Threat of death or serious injury
Valderama vega states that an accumulation can be accounted for if it contains one of the death or serious injury
Graham test
Was the d forced to comity the crimes because he reasonably thought there was a threat or death or serious harm
Hassan
Would te sober and reasonable person with the ds characteristics have committed the same crime
Bowen - age, sex, rmc, pregnancy, disability
Escape
Gill states that if the d had a safe opportunity to escape or raise the alarm then they should have taken it
Imminence
Abdul Hussain states that the imminence of the threat must operate on the mind of the d as to overbear his will
Connection
There must be a direct like between the crime committed and the threat as in cole
Self induced duress
This is when via association with people of a criminal nature the d has induced the duress
Sharp - had
Shepherd - not
Duress by circumstances
Conway can be by circumstances