Duress

Question 1

Graham test - Duress by threats

Answer 1

1) Impelled to act as he did because he feared death or serious harm
2) He responded as a sober person of reasonable firmness sharing the characteristics of D would

Question 2

R v Wright, Valderrama-Vega

Answer 2

Family member

Question 3

Conway

Answer 3

Friends

Question 4

Hasan

Answer 4

A person who’s safety you are responsible for

Question 5

Cole

Answer 5

The threat must be to commit the actual offence D commits

Question 6

Hasan

Answer 6

Defines imminent as whether D had time to go to the police
and
Honest and reasonable mistake is sufficient

Question 7

Hudson

Answer 7

Took a more sympathetic view of imminent

Question 8

Sharp, Hasan

Answer 8

If D puts himself in a position where he is more likely to be subjected to threats to commit an offence then it is less likely he can use the defence

Question 9

Bowen

Answer 9

Relevant characteristics - age, gender, disability, mental illness
Irrelevant characteristics - vol intox, drugs, low IQ

Question 10

Graham test - Duress by circumstances

Answer 10

1) D acted as he did because, as a result of what he reasonably believed the situation was, he had good cause to fear death or serious physical injury
2) He responded as a sober person of reasonable firmness sharing the characteristics of the D

Question 11

Rodger & Rodger

Answer 11

The circumstances must be external (not internal like suicidal thoughts) and therefor testable and objective

Question 12

Conway

Answer 12

The offence D goes on to commit must be ‘reasonable and proportionate’ behaviour