Duress By Circumstances Model Answer Flashcards
The defence of duress by circumstances may apply, which is a… defence where…
full, the defendant is forced to act by surrounding circumstances rather than by a person (WILLER)
It can be a defence to…
all crimes except murder and attempted murder (POMMELL)
The threat has to be to the…
defendant, his immediate family or a third party for who D would feel responsible for, (MARTIN)
The threat has to be of…
death or serious injury (VALDERRAMA-VEGA)
If relevant: A threat to expose sexuality is…
not enough to satisfy the defence
If relevant: A threat to rape…
is enough to satisfy the defence
If relevant: A threat to psychological health is…
not enough (BAKER and WILKINS)
If relevant: A threat to damage property…
is not enough
As established in Martin, the jury must consider the…
2-stage test (GRAHAM):
Firstly, was D compelled to act because they…
reasonably believed they had good cause to fear death or serious injury? (a subjective test- CAIRNS)
Secondly, if so, would a… person of reasonable… , sharing the… of D, have responded in the same way? (an objective test- BOWEN)
sober, firmness, characteristics
If relevant: For the objective test, characteristics of D that can be considered are… but…
mental illness, disability, age, gender and pregnancy, not low IQ (BOWEN)
The threat must be… , although not… , (ABDUL-HUSSAIN, HUDSON and TAYLOR and SHAYLER.)
Imminent, immediate
If relevant: There is no need for a real threat, just a…
threat perceived by D (CAIRNS)
There must not be a safe…
avenue of escape, such as going to the police, (GILL)
To conclude, D…
may be able to use the defence of duress by circumstance
