Duress - general defences

Question 1

What is duress?

Answer 1

Duress is a defence to when D commits a nominated crime due to the threats of serious violence or death which have been made to them . R V Howe
- Duress will not be available to murder or attempted murder

Question 2

What must the threat be?

Answer 2

There must be a threat of death or serious injury R V Valderamma Vega

This must also be imminent or immediately to have serious consequences

Question 3

Who must the threat be directed towards?

Answer 3

The threat must be directed towards D immediate family, someone close to them or a persons whose safety they would reasonably regard themselves responsible

Question 4

What does the Graham test ask?

Answer 4

1. Was D compelled to act as they did because they reasonably believed the threat would occur?
2. Would a sober and reasonable firmness sharing the characteristics have responded in the same way?

R V Graham

Question 5

What is the rule with nominated crimes?

Answer 5

The defence can only be used if the threats are made in order to make him commit a specific offence.
The offence must be one stated by the person making the threat
R V Cole

Question 6

What is the rule of evasive action?

Answer 6

The Defence can only used if there is no avenue of escape. If police protection is available D cannot rely on Duress
R V Gill

Question 7

What is the rule of D opening themselves up to threats?

Answer 7

If D has voluntarily laid themselves open to threats they cannot use the defence
R V Shepard