Duress Flashcards

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1
Q

The only difference between the two types of duress with authority

A

Cole: for duress if threats it must be that d would not have committed that specific crime but for threats

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2
Q

Cause confirming the existence of duress of circumstances

A

Pommell

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3
Q

Duress not available for? With relevant authority

A

Murder: HOWE and attempted murder: GOTTS

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4
Q

Level of threat/risk relevant acceptable for duress. With authority

A

Death/GBH: Graham

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5
Q

Type of belief in threat/risk

A

Reasonable belief that he had good cause to fear death/ serious injury

Was his response one which might be expected of a sober person of reasonable firmness

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6
Q

Who may be at risk of threat not complied with/risk not avoided. With authority

A

Wright: d or his immediate family or someone close to him for whom d would reasonably regard himself as responsible

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7
Q

Response to threats/risk expected by d with authority

A

Reasonably firm response (whether threat could be carried out immediately/almost immediately and if there was a reasonable avenue of escape)

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8
Q

Duress not available if one of these was. With authority

A

A reasonable opportunity to escape the threat: HASAN

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9
Q

Characteristics of D that may be considered when assessing their response to the risk/threat

A

Age, sex, whether d was pregnant, serious disability if d, ds recognised mental illness

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10
Q

Consequences of ignoring/rejecting threat/risk must be thought to be

A

Immediate/almost immediate

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11
Q

Voluntarily encountered duress principle with authority

A

If d voluntarily associates with criminals, he will not normally he able to use the defence for any crime he committed due to threats of violence by those criminals: HASAN

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