Duress by threats

Question 1

the defence of

Answer 1

duress by threat may apply, which is a full defence where the defendant has committed an offence due to being threatened with death or serious injury.

Question 2

it can be a defence to

Answer 2

all crimes except murder and attempted murder, set out in Howe and in Gotts.

Question 3

Here D committed the offence

Answer 3

of… so duress by threats is an available defence.

Question 4

the specific type of crime must be

Answer 4

nominated by the one making the threat, as in Cole

Question 5

The threat has to be to the

Answer 5

defendant or his immediate family, as in Martin.

Question 6

The threat has to be of

Answer 6

death or serious injury, including mental or 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 enough

Question 7

Here the threat was of serious injury to…

Answer 7

as X threatened to…

Question 8

The jury must consider a

Answer 8

2 stage test, set out in Graham

Question 9

Firstly

Answer 9

was D compelled to act because they reasonably believed they had good cause to fear death or serious injury (a subjective test)

Question 10

Secondly

Answer 10

if so would a sober person of reasonable firmness sharing the characteristics of D have responded in the same way (an objective test)

Question 11

For the objective test,

Answer 11

characteristics of D that can be considered are mental illness, disability, age, gender and pregnancy but not low IQ as in Bowen.

Question 12

Here Firstly , D did feel compelled to act

Answer 12

because he reasonably believed he had cause to fear death or serious injury to… secondly, a sober person of reasonable firmness with D’s characteristics would have responded in the same way by… both parts of the graham test are therefore satisfied.

Question 13

the threat must be

Answer 13

imminent, although not immediate, set out in Abdul-Hussain

Question 14

Here the threat to… was imminent

Answer 14

as…

Question 15

There must not be a

Answer 15

safe avenue of escape, such as going to the police, set out in Gill. Here D did not have a safe avenue of escape such as time to call the police, and had to act there and then

Question 16

Duress is not a defence where it is

Answer 16

self induced, as in Hasan, either because D joins a criminal gang he knows 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 threatened.

Question 17

Here D was a

Answer 17

member of a criminal gang and so he cannot use the defence of duress by threats as the duress situation was self induced.

Question 18

To Conclude,

Answer 18

the defence of duress by threats may apply, so D may be found guilty.