Duress By Threats Flashcards
1a. The Defence of Duress by Threats may apply…
The Defence of Duress by Threats may apply where the defendant commits an offence due to being threatened with death or serious injury.
1b. It can be a defence to…
It can be a defence to all crimes except attempted murder and murder set out in Howe and in Gotts
1c. Here, D Commited the Offence of…
Here, D Commited the Offence of …………………………..so the defence will apply here.
2a. The specific type of crime…
The specific type of crime must be nominated by the one making the threat as in Cole
2b. The Threat has to be…
The Threat has to be towards defendant, his family, or a 3rd party who he feels responsible for.
2c. The Threat Has To Be Of…
The threat has to be of death or serious injury including mental and physical health but the cumulative effect of threats can be considered along with a threat of injury as in Valderrama-Vega.
A threat to expose sexuality is not enough but a threat to Rape is.
2d. Here, the threat was of serious injury…
2d. Here, the threat was of serious injury to D themselves /D’s Partner/Child/etc. as X threatened to beat up/rape/stab etc if D did not commit the offence.
3a. The Jury Must Consider A 2-Stage Test Set Out in….
The Jury must consider a 2 stage test set out in Graham:
Firstly, was D compelled to act because they reasonably believed that they had good cause to fear death or serious injury? (A Subjective Test)
Secondly, if so, would a sober person of reasonable firmness sharing the same characteristics of D have responded in the same way? (A Objective Test)
3c. For the Objective Test…
For the Objective Test, characteristics of D that can be considered are mental illness disability, age, sex/gender, pregnancy, but NOT a Low IQ as in Bowen.
3d. Here, Firstly D did feel compelled to…
Secondly, a sober person…
3d. Here, Firstly D did feel compelled to act because he reasonably believed that he had a good cause to fear serious injury or death to himself/his wife/his child/ etc. in view of…
Secondly, a sober person of reasonable firmness and sharing the same characteristics of D would have responded in the same way by committing the offence of……..
Both Parts of the Graham test are therefore satisfied/not satisfied.
4a. The Threat Must Be…. (Abdul-Hussain)
The Threat must be imminent, although not immediate, as in Abdul-Hussian.
4b. Here, the threat to…
Here, [eg. the threat to D’s wife/child/brother etc was imminent as X was about to attack them with a knife if D didn’t commit the offence]
4c. There must not be a…
There must not be a safe avenue of escape such as the police, set out in Gill.
4d. Here, D did not have a…
Here, D [did not have a safe avenue of escape such as going to the police and had to act there and then]
5a. Duress is not a defence where…
Duress is not a defence where it is self induced, as in Hasan. Either because, D joins a gang which is violent OR D puts himself in a position where he realised or ought to have realised that he could be compelled to commit a crime by being threated.
