Duress by threat

Question 1

Where is duress contained and defined

Answer 1

Common law

Question 2

Define duress

Answer 2

Defendant being forced to commit a crime due to a direct threat and ‘founded on a concession to human frailty’ where a person is so overcome by fear of threats, where if the D had not been threatened they wouldn’t have committed the offence.

Question 3

Rules of duress

Answer 3

Must be a threat of death, serious injury or rape
Can be a combination of threats
Threat must contain the D, their family or someone they are responsible for

Question 4

2 part graham test

Answer 4

1. Was D compelled to act because they reasonably believed they had good reason to believe death/serious injury would occur
2. Would a sober, reasonable person of reasonable fairness having the same characteristics as the D, have acted in the same way.

Question 5

Safe avenue of escape

Answer 5

If there is a safe avenue of escape it must be pursued - either get to a safe place or call police