duress by threat Flashcards
what is the definition of self-defence?
D forced to commit the crime by another, can’t use for murder and attempted murder
what two types of duress are there?
duress by threat
duress of circumstance
what test is used to prove duress of threat?
graham test
what sort of defence is duress by threats?
full defence
who does the threat have to be to
1
the defendant or others
what is others defined as?
1
people close to D
what case defines ‘others’
1
wright (drug)
what is a serious threat?
1
one of serious injury or death
what case defined serious threat and a culmination of threats?
1
valderrama-vega
(tell everyone he was gay and bankrupt)
what is a case for threat to a family member?
1
martin
what is a case for threat to a close friend?
1
conway
what must the threat be and what case defined this?
2
must be told to commit a SPECIFIC offence
cole
what does immediate mean and what case defined this?
3
imminent
Abdul hussain
what is the case that define having a safe avenue of escape?
3
Gill
must be no avenue of escape
what should be taken into account that makes D less likely to be able to withstand threats
(Graham 1)
characteristics
what case defines characteristics?
(graham 1)
Bowen
what characteristic to you ignore?
(graham 1)
IQ
what characteristics do you take into account?
(graham 1)
age, gender, health, disability, pregnancy
what sort of duress is very common in exam scenarios?
4
self induced duress
(gangs/criminals)
what is a case for self induced duress?
4
sharp
what are the two types of test involved in the Graham test?
subjective
objective
what is the first (subjective) part of the Graham test?
was D compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death
what is the second (objective) part of the Graham test?
if so (after subjective is proved) would the sober person of reasonable firmness, sharing the characteristics of D have responded in the same way
what case states that duress is not a defence murder?
hal
what case states that duress is not a defence to attempted murder?
Gotts 916 yr old, violent father told him to kill mother)
used obiter from hal to expand
