Duress

Question 0

What was the legal principle in Singh

Answer 0

Threats to expose morality not a defence

Question 1

What was the legal principle in Whelan?

Answer 1

“Threats of immediate death or serious personal violence are so great as to over bear the ordinary powers of a human being”

Question 3

LP in Valderrama Vega?

Answer 3

Threats to expose sexual immortality

Question 4

LP in Baker and Wilkins?

Answer 4

Fear of psychological harm not enough

Question 5

LP in Martin?

Answer 5

Threat must be to d or family

Question 6

LP in cases of Willer/Conway?

Answer 6

Can be threat to mother gf wife maybe friends

Question 7

LP in Wright ?

Answer 7

Anyone who’s safety d regarded the selfs responsible

Question 8

LP’s in Bowen?

Answer 8

Timidity not a defence
Low IQ not considered

Sex age pregnancy physical disability and mental impairment and PTSD

Question 9

LP in Hegarty?

Answer 9

Personality disorder not considered

Question 10

LP in Flatt?

Answer 10

Intoxication not a defence

Question 11

LP in Cole?

Answer 11

Must be told what crime to commit

Question 11

The factors considered in the Graham Test

Answer 11

1. 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
2. Would a similar sober person of reasonable firmness feared death or serious injury

Question 12

LPs in Hasan?

Answer 12

Threat must be immediate or almost immediate

Belief must be genuine

Question 13

What case does Howe overrule?

Answer 13

Lynch

Question 14

Why were Howe and Bannister refused the defence of Duress for muder?

Answer 14

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

Question 15

What decision did the court decide to make in H&B?

Answer 15

Distinction between murder as a principle and murder as secondary party was illogical and should no longer exist

Question 16

What case shows the difficulty with attempted murder and duress?

Answer 16

Gotts

Question 17

What was the principle in Gill?

Answer 17

There must be no safe way out

Question 18

What is the principle in Pommell?

Answer 18

D must seek police protection ASAP

Question 19

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?

Answer 19

Hasan

Question 20

What was the principle in Hudson and Taylor in old law?

Answer 20

Threat must be imminent if not immediate