duress by threats

Question 1

duress by threats

Answer 1

this is a common law defence and is where a person is forced into doing a crime due to a threat aimed usually at themselves

Question 2

graham test

Answer 2

the starting point is the two part graham test which must be satisfied. 1) was the defendant compelled to act because they reasonably believed they had good reason to fear death or serious injury? 2) would a sober person of reasonable firmness with the same characteristics as the defendant have acted in the same way?

Question 3

there must be either a threat of death or serious injury

Question 4

there can be a combination of threats

Answer 4

but a threat of death or serious injury must be present and play a major part in the d’s rationale for committing the crime.

Question 5

r v howe

Answer 5

the threat must be convincing, so a person of reasonable firmness with the defendants characteristics would have given in

Question 6

r v wright

Answer 6

persons to who the threat can include those outside of the immediate family

Question 7

r v Hudson

Answer 7

if there is a safe avenue of escape, this must be pursued

Question 8

r v sharp

Answer 8

the defence will fail if the defendant associates with people that are known to make threats

Question 9

r v gotts

Answer 9

duress by threats will not operate as a defence to attempted murder.

Question 10

r v Valderrama vega

Answer 10

all threats can be considered but must consider a threat of death