Duress By Threats Cases

Question 1

defendant has committed an offence due to being threatened with death or serious injury

Answer 1

AG v WHELAN

Question 2

Defence to all crimes except murder and attempted murder

Answer 2

HOWE, GOTTS

Question 3

The specific type of crime must be nominated by the one making the threat

Answer 3

COLE

Question 4

The threat has to be to the defendant, his immediate family, or a third party to whom D feels responsible for

Answer 4

MARTIN and ORTIZ

Question 5

Threat has to be of death or serious injury

Answer 5

VALDERRAMA-VEGA

Question 6

If relevant: threat to psychological health is not enough

Answer 6

BAKER and WILKINS

Question 7

2-stage test

Answer 7

GRAHAM

Question 8

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

Answer 8

CAIRNS

Question 9

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

Answer 9

BOWEN

Question 10

If relevant: Low IQ

Answer 10

BOWEN

Question 11

Addiction

Answer 11

FLATT

Question 12

Threat must be imminent although not immediate

Answer 12

ABDUL-HUSSAIN, HUDSON and TAYLOR and SHAYLER

Question 13

Must not be a safe avenue of escape such as going to the police

Answer 13

GILL

Question 14

Duress is not a defence where it’s self induced

Answer 14

HASAN