Duress

Question 1

Graham

Answer 1

Strangled his wife to death
Ratio: establishes the graham test
Objective
Subjective

Question 2

Howe

Answer 2

Kills 2 people and threatens a third

Ratio: attempted duress not available for murder

Question 3

Gotts

Answer 3

Attempts to kill mother

Ratio: defence is not available for attempted murder

Question 4

Wilson

Answer 4

Same facts as gotts but the child is 13

Ratio: not available for murder, age is disregarded

Question 5

Bowen

Answer 5

Threats made to family, steals £20000 worth of items

Ratio: Low iq falls short of being a mental impairment

Question 6

Valderrama vaga

Answer 6

Imported goods, was threatened to do so.

Ratio: homosexuality alongside the threats was enough for defence

Question 7

Martin

Answer 7

Suffered from a condition which makes him believe what was said was a threat.
Ratio: 2 robberies under mistaken belief that threats were made towards his family

Question 8

Hudson and Taylor

Answer 8

Saw fight- was threatened if they gave evidence to the police.
Ratio: if there is a save ave of escape you must take it.

Question 9

Hasan

Answer 9

Told to burgle, if not family would be hurt.

Ratio: defendant could not take evasive action.

Question 10

Cole

Answer 10

Borrowed money from loan shark. If not repaid his family would be hurt.
Ratio: no sufficient nexus between threat and crime

Question 11

Sharp

Answer 11

Wanted to leave gang, he was threatened- criminal gang.

Ratio: pressure of being in a gang.

Question 12

Shepherd

Answer 12

Tried to leave a gang, but they threatened him

Ratio: gang of shoplifters is different to armed robbers

Question 13

Willer

Answer 13

Convicted of reckless driving- youths threatened him.

Ratio- Jury said he was under duress of circumstances

Question 14

Conway

Answer 14

Reckless driving- he was getting shot at.

Ratio: circumstances he was in

Question 15

Pommell

Answer 15

Sleeps with a shotgun, took police he took it from a man who was going to do damage.
Ratio- circumstances he found himself in and tried to do something for the greater good

Question 16

Cairns

Answer 16

Victim threw himself at car, D drove away and fell off, he was injured.
Ratio: it was necessary to act the way he did.

Question 17

Martin

Answer 17

Driving while disqualified, he wife threatened suicide if he didn’t drive.
Ratio: no distinction between recklessness and disqualification