Duress Ao1

Question 1

Duress by threat MAIN CASE

Answer 1

Hasan-standard test for threat

Question 2

What must threat be of? case if can remember

Answer 2

Death or serious injury, not threats to reveal info (Valderamma Vega)

Question 3

What must threat also be?

Answer 3

Immediate

Question 4

Immediate threat cases (2)

Answer 4

R v Hudson & Taylor-‘immediately’ interpreted widely
2 girls threatened by gang memeber in public gallery in trial. Protected during trial but at threat after trial so was still immediate.

R v Abdul v Hussain-fled country due to risk of punishment for religion-stole plane-threat was imminent (hanging over them) so quashed.

Question 5

Duress by threat test case

Answer 5

Graham-2 stage test
a)D had reasonable belief circumstances would result in serious injury/death if not comply

b)sober person of firmness would’ve done the same

Question 6

R v Cole

Answer 6

D’s crime must be directly caused by threat

D was in debt and threatened. Robbed building societies-not duress as threat did not specifically make D rob

Question 7

Duress of circumstances

Answer 7

Situation forces D to commit a crime, with no evasive action to take.