Duress Flashcards
What was the legal principle in Singh
Threats to expose morality not a defence
What was the legal principle in Whelan?
“Threats of immediate death or serious personal violence are so great as to over bear the ordinary powers of a human being”
LP in Valderrama Vega?
Threats to expose sexual immortality
LP in Baker and Wilkins?
Fear of psychological harm not enough
LP in Martin?
Threat must be to d or family
LP in cases of Willer/Conway?
Can be threat to mother gf wife maybe friends
LP in Wright ?
Anyone who’s safety d regarded the selfs responsible
LP’s in Bowen?
Timidity not a defence
Low IQ not considered
Sex age pregnancy physical disability and mental impairment and PTSD
LP in Hegarty?
Personality disorder not considered
LP in Flatt?
Intoxication not a defence
LP in Cole?
Must be told what crime to commit
The factors considered in the Graham Test
- D feared death or serious injury and had good cause
The belief must be reasonable and genuine and jury must believe death or serious injury was likely - Would a similar sober person of reasonable firmness feared death or serious injury
LPs in Hasan?
Threat must be immediate or almost immediate
Belief must be genuine
What case does Howe overrule?
Lynch
Why were Howe and Bannister refused the defence of Duress for muder?
The ordinary man if told to murder, must act heroically
If you take the life of an innocent victim cannot claim he is choosing the lesser of two evils
What decision did the court decide to make in H&B?
Distinction between murder as a principle and murder as secondary party was illogical and should no longer exist
What case shows the difficulty with attempted murder and duress?
Gotts
What was the principle in Gill?
There must be no safe way out
What is the principle in Pommell?
D must seek police protection ASAP
What case states that it is no longer acceptable for D to choose not to seek police protection on the grounds D felt it would be inadequate?
Hasan
What was the principle in Hudson and Taylor in old law?
Threat must be imminent if not immediate