duress by threat

Question 1

what is the definition of self-defence?

Answer 1

D forced to commit the crime by another, can’t use for murder and attempted murder

Question 2

what two types of duress are there?

Answer 2

duress by threat
duress of circumstance

Question 3

what test is used to prove duress of threat?

Answer 3

graham test

Question 4

what sort of defence is duress by threats?

Answer 4

full defence

Question 5

who does the threat have to be to
1

Answer 5

the defendant or others

Question 6

what is others defined as?
1

Answer 6

people close to D

Question 7

what case defines ‘others’
1

Answer 7

wright (drug)

Question 8

what is a serious threat?
1

Answer 8

one of serious injury or death

Question 9

what case defined serious threat and a culmination of threats?
1

Answer 9

valderrama-vega
(tell everyone he was gay and bankrupt)

Question 10

what is a case for threat to a family member?
1

Answer 10

martin

Question 11

what is a case for threat to a close friend?
1

Answer 11

conway

Question 12

what must the threat be and what case defined this?
2

Answer 12

must be told to commit a SPECIFIC offence
cole

Question 13

what does immediate mean and what case defined this?
3

Answer 13

imminent
Abdul hussain

Question 14

what is the case that define having a safe avenue of escape?
3

Answer 14

Gill
must be no avenue of escape

Question 15

what should be taken into account that makes D less likely to be able to withstand threats
(Graham 1)

Answer 15

characteristics

Question 16

what case defines characteristics?
(graham 1)

Answer 16

Bowen

Question 17

what characteristic to you ignore?
(graham 1)

Answer 17

IQ

Question 18

what characteristics do you take into account?
(graham 1)

Answer 18

age, gender, health, disability, pregnancy

Question 19

what sort of duress is very common in exam scenarios?
4

Answer 19

self induced duress
(gangs/criminals)

Question 20

what is a case for self induced duress?
4

Answer 20

sharp

Question 21

what are the two types of test involved in the Graham test?

Answer 21

subjective
objective

Question 22

what is the first (subjective) part of the Graham test?

Answer 22

was D compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death

Question 23

what is the second (objective) part of the Graham test?

Answer 23

if so (after subjective is proved) would the sober person of reasonable firmness, sharing the characteristics of D have responded in the same way

Question 24

what case states that duress is not a defence murder?

Answer 24

hal

Question 25

what case states that duress is not a defence to attempted murder?

Answer 25

Gotts 916 yr old, violent father told him to kill mother)
used obiter from hal to expand