Duress

Question 1

What is duress of threats ?

Answer 1

D is forced to commit a criminal offence based on duress (threat) from another person. Threat has to be of death or serious injury

Question 2

What is the Graham test?

Answer 2

Was d compelled to act because he feared serious injury or death
Would a sober person of reasonable firmness respond in the same way?

Question 3

Howe

Answer 3

Defence not available for murder

Question 4

Gotts

Answer 4

Defence not available for attempted murder

Question 5

Wilson

Answer 5

Age is disregarded. Not available for attempted murder

Question 6

Bowen

Answer 6

Develops the Graham test. Adds age, sex, pregnancy, mental and physical disability. Adds subjective limb to objective test.

Question 7

Valderama vega

Answer 7

Threat must still include cumulative threat

Question 8

Hasan

Answer 8

Self induced is not sufficient enough to commit duress. Deals with all- closes loopholes

Question 9

Cole

Answer 9

Nexus fails - defence isn’t the same as the threat

Question 10

Sharp

Answer 10

Duress isn’t available if you join a violent gang

Question 11

Shepard

Answer 11

Non violent gang

Question 12

What would hasan say about sharp and Shepard now

Answer 12

They both would fail as they’re both involved in criminal activity

Question 13

Hudson and taylor

Answer 13

If there is a safe Avenue of escape you must take it

Question 14

Willer

Answer 14

Drove as carefully as he can away from situation

Question 15

Conway

Answer 15

D acted to avoid threat of serious harm or death