Duress by Threat^

Question 1

R V Howe

Answer 1

you can’t use duress by threat as a defence to murder

Question 2

R V Gotts

Answer 2

can’t use duress by threat as a defence to attempted murder

Question 3

R V Hasan

Answer 3

Elements for duress by threat
1) threat must be of death or serious injury
2) threat must be directed towards the D, their immediate family, someone close to them or they feel responsible for
3) the D acted reasonably (objective)
4) threat must relate directly to the crime
5) The D must have no other opinion
6) D must not have put themselves in that situation

Question 4

R V Graham

Answer 4

2 part test for duress by threat
1 - did the D have good cause to believe they were subject to death or serious injury
2 - would a sober person of reasonable firmness and share the characteristic of the D have responded in the same way

Question 5

R V Bowen

Answer 5

A D’s IQ would not be taken into account when deciding if they acted reasonably for duress by threat

Question 6

R V Cole

Answer 6

there was no direct relation between crime and threat for duress by threat

Question 7

R V Gill

Answer 7

The D does not have an opportunity for safety for duress by threat

Question 8

R V Sharp

Answer 8

duress by threat does not work if D knowingly joined a criminal gang

Question 9

R V Shephard

Answer 9

may use duress by threat if D is not an active member