Duress - Invol Msl Flashcards
Valderrama Vega
Duress by threat - there must be threat of death or serious physical injury (D imported cocaine and claimed he was forced by gang who threatened to put him under financial pressure and disclose homosexuality)
Graham
Test to assess whether D should have resisted duress (D and homosexual partners (D2) killed D2’s wife D claimed duress from D2 as he was violent)
Hasan
Confirm Graham test//Self-induced Duress (D was associated with escort agency and drug dealer who threatened D and his family to make him commit burglary)
Bowen
Would a sober and reasonable person sharing D’s characteristics act the same? (D had a low IQ and fraudulently obtained £20,000 worth of good due to threats of petrol bombing to his family - Low IQ not a characteristic)
Cole
Explicit Threat (D owed money so stole rom a building society claimed that moneylender threatened harm against him)
Hudson & Taylor
Imminent Threat (Two teens charged with perjury as they changed witness statements as they had been threatened)
Abdul Hussain
(7 D’s hijacked plane to escape death sentences which landed in UK - held that threat was not immediate enough for defence)
Gil
Reasonable Opportunity to escape (D could have raised alarm when left alone rather than stealing lorry)
Sharp
Self-Induce Duress (D joined a violent gang but claimed to pull out of robbery before final one where post office employee was shot dead - Defence not allowed)
Willer
Duress of Circumstance (D drive up alley as was confronted by a gang who shouted ‘I will kill you’ D drove onto pavement in order to escape)
Conway
Duress of Circumstance (D had previously been shot by two men weeks earlier and thought same men were running towards him, so drove off recklessly but were actually police men)
Pummel
Duress of Circumstance (D claimed he had shotgun because he took it away from the man who was going to use it)
