Duress By Threats

Question 1

I

Answer 1

D mag b able to argue the defense if duress by threats

Question 2

D

Answer 2

Duress has defined as where a d only commits the crime because they were forced

Question 3

E

Answer 3

Stage 1 states the d must satisfy the two part test established in graham should d have resisted the threats
1) did the d act because he reasonably believed that they would suffer death or serious injury subjective test
2) would a sober person of reasonable firmness but sharing the D’s characteristics have responded by committing a criminal offense objective

BOWEN - relevant characteristics included age/ pregnancy/ physical disability/ mantal disability

Question 4

A

Answer 4

Apply both to scenario

Question 5

E

Answer 5

Stage 2 states d the threat must be if death or serious injury. Threats against property are not enough (Valderama- Vega)

Question 6

A

Question 7

E

Answer 7

Stage 3 states the threat must be against the d or someone they are responsible for (WRIGHT)

Question 8

A

Question 9

E

Answer 9

Stage 4 states the d must be immediate do the d must not have time to alert the authorities (Bachelor) the threat must be imminent

Question 10

A

Question 11

E

Answer 11

Stage 5 states the d must have committed a crime which was nominated by the person making the threat- there must be nexus between the threat and crime committed (COLE)

Question 12

A

Question 13

Side rule

Answer 13

Self induced duress- if the d brought the pressure on themselves they lose the defense (hasan)

Question 14

A

Question 15

Conclude

Answer 15

Will the d be successful in arguing this dance