DURESS

Question 1

what are the 2 graham tests + cases

Answer 1

1. honestly and reasonably believed fear of threat/serious injury
2. sober man, reasonable firmness, characteristics, same way

Question 2

what is first aspect of duress?

Answer 2

graham tests

Question 3

what’s the second aspects of duress

Answer 3

no defence available to murder/ attempted

HOWE

Question 4

HOWE (duress)

Answer 4

strangled and killed v due to threats aginat him, no defence for murder

Question 5

third aspect of duress

Answer 5

must be threat of death or serious injury to family or D

VALDERMA VEGA

Question 6

valderama vega

Answer 6

d imported drugs of fear nadia would expose homosexuality and personal injury

one was duress so others can be taken into account

Question 7

what’s the fourth step of duress

Answer 7

casual nexus - must be direct link between crime committed and instructed threat

COLE

Question 8

COLE

Answer 8

d owed debt to money lenders so robbed several building societies, money lenders threatened to harm d

failed,lack of casual nexus

Question 9

5th step of duress

Answer 9

timing of threat, must be no safe avenue of escape

GILL
hudson and taylor

Question 10

GILL

Answer 10

d claimed he and wife threatened unless her stole lorry, period of time in which he could have asked for help.

hudson + taylor- cut up, police ineffective

Question 11

6th step

Answer 11

self induced- fails if foreseen risk of being subjected to serious violence

HASAN

Question 12

HASAN

Answer 12

debt w drug dealer, burgled house or kill family.

Question 13

DURESS OF NECCESITY

Answer 13

where d finds himself in circumstance in which he’s forced to act

DUDLEY STEPHENS

must be done in order to prevent inevitable evil- re a

Question 14

DUDLEY V STEPHENS

Answer 14

shipwrecked, killed and ate cabin boy, rescued 4 days later, no life more valuable than another

Question 15

A03 no murder

Answer 15

duress not available, leaves accused to choose kill, be killed, asking d to be a hero

Question 16

A03 of self induced

Answer 16

clearly in line w publi.lc policy as discourages affiliation w criminals

Question 17

A03 2 part tests

Answer 17

some characteristics of objective and included however relevant characteristics are inconsistent

Question 18

A03 timing of threat

Answer 18

law is previously inconsistent but clarified in hasan. favours public policy

Question 19

a03 casual nexus

Answer 19

now decided

Question 20

a03 of threat of death

Answer 20

surely certain indiduals will find diff threats, should be objective

Question 21

REFORMS 4 DURESS

Answer 21

2005 consultation paper ‘new homicde act” law commission suggested duress be partial defence to murder - reduce liability.

in 2006 changed to mm+infants should be complete defence.