Duress By Threats Model Answer Flashcards
The defence of duress by threats may apply which is a… where the defendant has…
Full defence, committed an offence due to being threatened with death or serious injury (AG v WHELAN)
It can be a defence to all crimes except…
murder and attempted murder (HOWE, GOTTS)
The specific type of crime must be nominated by…
the one making the threat (COLE)
The threat has to be to the…
defendant, his immediate family, or a third party to whom D feels responsible for (MARTIN and ORTIZ).
The threat has to be of…
death or serious injury (VALDERRAMA-VEGA).
If relevant: a threat to expose…
sexuality is not enough to satisfy the defence
If relevant: a threat to… is enough to satisfy the defence
rape
If relevant a threat to psychological…
health is not enough (BAKER and WILKINS)
If relevant: a threat to damage…
property is not enough
The jury must consider a…
2-stage test (GRAHAM)
Firstly, was D compelled to act because they reasonably…
believed they had good cause to fear death or serious injury? ( a subjective test - CAIRNS)
Secondly, if so, would a… person of reasonable… sharing the… of D have responded in the same way? ( an objective test - BOWEN)
sober, firmness, characteristics
If relevant: For the objective test, characteristics of D that can be considered are… but not…
mental illness, disability, age, gender and pregnancy, but not low IQ (BOWEN), or addiction (FLATT)
The threat must be… although not…
Imminent, immediate (Abdul-Hussain, Hudson and Taylor and Shayler)
There must not be a safe… such as…
avenue of escape, such as going to the police (GILL)
If relevant: duress is not a self defence where it is… either because D joins a… or D puts himself in a position where…
Self induced (HASAN), criminal gang he knows is violent, he realised or ought to have realised that he could be compelled to commit a crime by being threatened.
To conclude…
the defence of duress by threats may apply, so D may be found not guilty.
