Duress by circumstances Flashcards
What is the defence of duress by circumstances?
A full defence where the defendant is forced to act by surrounding circumstances rather than by a person.
To which crimes can duress by circumstances be a defence?
All crimes except murder and attempted murder.
Who must the threat be directed towards for duress by circumstances to apply?
The defendant, his immediate family, or a third party for whom the defendant would feel responsible.
What type of threat must exist for the defence of duress by circumstances?
A threat of death or serious injury.
Is a threat to expose sexuality sufficient for the defence of duress by circumstances?
No, it is not enough to satisfy the defence.
Is a threat to rape sufficient for the defence of duress by circumstances?
Yes, it is enough to satisfy the defence.
What are the two parts of the Graham test for duress by circumstances?
- Was the defendant compelled to act due to a reasonable belief of death or serious injury? (subjective test)
- Would a sober person of reasonable firmness, sharing the characteristics of the defendant, have responded the same way? (objective test)
What characteristics of the defendant can be considered in the objective test of duress?
- Mental illness
- Disability
- Age
- Gender
- Pregnancy
- Not low IQ
What does the threat need to be in terms of timing for duress by circumstances?
The threat must be imminent, although not immediate.
Is there a need for a real threat in the defence of duress by circumstances?
No, just a threat perceived by the defendant is sufficient.
What is an example of a situation where duress by circumstances could be applied?
If the defendant reasonably believed they faced serious injury due to an approaching vehicle.
Fill in the blank: The defence of duress by circumstances applies when the defendant is forced to act by _______.
[surrounding circumstances]
What must there not be in cases of duress?
A safe avenue of escape
This means that the individual cannot seek help from authorities like the police.
In the context of duress, what does ‘D’ refer to?
Defendant
‘D’ is a common abbreviation used in legal contexts to refer to the defendant in a case.
What must D have in order to claim duress?
No safe avenue of escape
This includes not having time to call the police or seek help.
What is the conclusion regarding D’s defense?
D will be able to use the defence of duress by circumstance
This indicates that D’s actions were influenced by the surrounding circumstances.
