Duress Flashcards
The only difference between the two types of duress with authority
Cole: for duress if threats it must be that d would not have committed that specific crime but for threats
Cause confirming the existence of duress of circumstances
Pommell
Duress not available for? With relevant authority
Murder: HOWE and attempted murder: GOTTS
Level of threat/risk relevant acceptable for duress. With authority
Death/GBH: Graham
Type of belief in threat/risk
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
Who may be at risk of threat not complied with/risk not avoided. With authority
Wright: d or his immediate family or someone close to him for whom d would reasonably regard himself as responsible
Response to threats/risk expected by d with authority
Reasonably firm response (whether threat could be carried out immediately/almost immediately and if there was a reasonable avenue of escape)
Duress not available if one of these was. With authority
A reasonable opportunity to escape the threat: HASAN
Characteristics of D that may be considered when assessing their response to the risk/threat
Age, sex, whether d was pregnant, serious disability if d, ds recognised mental illness
Consequences of ignoring/rejecting threat/risk must be thought to be
Immediate/almost immediate
Voluntarily encountered duress principle with authority
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