Duress by Circumstances Flashcards
What kind of defence is duress by circumstances?
A full defence.
What crimes does duress by circumstances cover?
All crimes except murder and attempted murder.
Who does the threat made have to be towards?
Threat towards the defendant, their immediate family, or a third party for who D would feel responsible for.
What is enough to count as a threat?
A threat of death or serious injury is enough- (Valderrma-Vega).
A threat to rape is enough.
What is not enough to count as a threat?
A threat to expose sexuality is not enough.
A threat to psychological health is not enough- (Baker and Wilkins).
A threat to damage property is not enough.
What is the 2-stage-test for duress by circumstances?
Firstly, was D compelled to act because they reasonably believed they had good cause to fear death or serious injury? (Cairns).
Secondly, if so, would a sober person of reasonable firmness, sharing the characteristics of D, have responded in the same way?- (Bowen).
What characteristics can be considered for the obj test?
Mental illness, Disability, Age, Gender and Pregnancy.
What characteristics can’t be considered for the obj test?
Low IQ. (Bowen).
When must the threat be occurring for this defence?
The threat must be imminent, although not immediate- (Abdul-Hussain, Hudson and Taylor and Shayler).
When is it acceptable for there to not be a real threat?
If D believed that there was a threat- (Cairns).
What must there not be for D or else the defence will not be able to be used?
Safe avenue of escape- (Gill).
