Duress by threats

Question 1

What type of law is it?

Answer 1

Common Law

Question 2

Threat of?

Answer 2

Threat of death/serious injury/rape.

Question 3

Threat can include?

Answer 3

Defendant, family or people who D is responsible for

Question 4

Two-part graham test

Answer 4

1: Was the defendant compelled to act because they reasonably believed they had a good reason to fear death/serious injury?
2: Would a sober person of reasonable firmness, sharing the same characteristics as the defendant, have acted in the same way?

Question 5

What if there is a safe avenue of escape

Answer 5

If able to escape it must be pursued, although may have exceptions - R v Hudson and Taylor

Question 6

Threat must be

Answer 6

Immediate/almost immediate

Question 7

Nexus

Answer 7

Must be a nexus (link) between crime nominated and committed.

Question 8

When will it fail.

Answer 8

When defendant associates with people who are known to make threats - R v Shepard

Question 9

Reform?

Answer 9

‘A New Homicide Act’ suggested it should be a partial defence to murder. Then in 2006 they said it should be a full defence

Question 10

R v Howe

Answer 10

Tortured and murdered someone.

Defence refused as one life is not worth more than another.

Question 11

R v Wright

Answer 11

Boyfriend was threatened.

Outside immediate family.

Question 12

R v Shepard

Answer 12

Associated with Non violent shoplifters - defence was allowed

Question 13

R v Cole

Answer 13

Chose to Rob to repay debt.
No threat.
Nexus.