duress Flashcards
what is the case that outlines the test for duress and what type of test is it
r v graham, subjective and objective
wat is the test outlined in r v graham
subjective- did the d reasonably believe that he would be killed or seriously injured in he didn’t comply with the threats
objective-would a sober person of reasonable firmness have also doe as he did
what was the case that outlined the factors to be considered when applying the r v graham test and what were the factors
r v bowen, age, pregnancy, serious physical disability, recognised mental disorders and sex
what must the the threat be and who must it be to
threat of death or serious injury to D themselves, D’s friend (includes gf or bf), d’s family
what kind of threats cant be used for duress
threats to property
when will the offence of duress not be available and what case proved this
where the defendant has voluntarily associated themselves with the criminals, R v hasan
for what offences is duress not available and what cases proved this
murder (r v howe, d was part of a gang who killed and tortured two people, howe was the lookout for the gang who tried to plead duress, defence wasnt allowed. lord Hailsham said described those who would kill under duress as ‘cowards and poltroon’). attempted murder (rv Gotts, D was threatened by his father to kill his own mother, he failed in the killing and tried to plead duress for attempted murder, defence was not available’
when can duress not be used
when d is intoxicated and is mistaken in believing that they’re being threatened (r v flatt)
what are the two types of duress
duress by threat, duress by circumstance
explain a case for duress by circumstance
r v martin, wife became hysterical and threatened suicide unless d drove her son to work. duress of circumstance was available but the graham test still had to be applied
explain the case where d tried to plead duress of circumstance for possession of a firearm
r v pommel, d said his friend had came to the house with a gun and d persuaded him to leave it there. judge said there was not a defence of duress as d should have taken the gun to the police immediately
what is the necessity defence and when was it made available
when d claims it was necessary to commit a crime. became a defence in 2000 in the case of Re A
what type of defence is duress
full defence
what does the fear of threat have to be
immediate
