Duress A01 Flashcards
complete defence for most crimes
when raised by the defence, the BoP is on the prosecution to disprove that the df was acting under duress
R v Howe
not a defence to murder
R v Gotts
not a defence to attempted attempted murder
duress of threats
where D is forced to commit an offence because of a threat of death or serious injury
2 part test
R v Graham
- subjective test
would df reasonably believe he would be killed or physically injured if he didn’t comply
- objective test
would a sober person of reasonable firmness also done the same
R v Valderrama Vega
threats need to be of death or personal injury - threats to damage property or identity not sufficient
R v Ortiz
threats to ‘others’ - must be close family members/close people
R v Gill
threat must be unavoidable or imminent
R v Hasan
voluntary association with criminals = self induced
R v Cole
crime must be specified
R v Cairns
df must show reasonable + genuine perception of threat of serious injury not that the threat was genuine
for part two, the court will take into ___________
account sex, age, physical and mental disabilities
R v Bowen
the court will not account for low IQ
