Duress by Threats Flashcards
What kind of defence is duress by threats?
A full defence.
What crimes can duress by threats be a defence for?
All crimes except murder and attempted murder.
What must the one making the threat tell D to do?
The specific type of crime must be nominated by the one making the threat (Cole).
Who does the threat have be aimed towards?
The defendant, D’s immediate family, or a third party to whom D feels responsible for (Martin and Ortiz).
List the things that do qualify as enough of a threat.
A threat of death or serious injury is enough- (Valderrama-Vega).
A threat to rape is enough.
List the things that don’t qualify as enough of a threat.
A threat to expose sexuality is not enough.
A threat to psychological health is not enough- (Baker and Wilkins).
A threat to damage property is not enough.
What is the 2-stage-test the jury must consider (Graham)?
Firstly, was D compelled to act because they reasonably believed they had good cause to fear death or serious injury? (Cairns).
Secondly, if so, would a sober person of reasonable firmness, sharing the characteristics of D, have responded in the same way? (Bowen).
What characteristics can be considered for the second test?
Disability, Age, Gender, Pregnancy.
What characteristics can’t be considered for the second test?
Low IQ (Bowen) or Addiction (Flatt).
When must the threat happen?
The threat must be imminent, although not immediate)Abdul-Hussain, Hudson and Taylor and Shayler).
If there was a ____ ______ __ ______, and D did not take it, D will still be liable for the crime.
If there was a SAFE AVENUE OF ESCAPE, and D did not take it, D will still be liable for the crime.
What is a safe avenue of escape?
When there is a chance to either call for help or escape from the situation.
What is it called where D brings the threat upon themselves and give an example?
Self-induced (Hasan).
E.G- D joins a criminal gang he knows is violent OR D puts himself in a position where he should have realised he may be threatened to commit a crime.
