Duress - Legal Principle Flashcards

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1
Q

R v Howe

A

Defendant’s charged with murder, even as a secondary accomplice, do not have access to duress as a defence

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2
Q

R v Wilson

A

Defence doesn’t apply to murder, even if D is younger and less able to resist pressure.

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3
Q

R v Gotts

A

Defence not available to those charged with attempted murder

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4
Q

R v Valderrama-Vega

A

Threats must be death/SI, but cumulative effects of threats can be considered, provided they are serious

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5
Q

R v Graham

A

Set out objective and subjective tests

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6
Q

R v Martin

A

Subjective: D can take into account D’s special characteristics when assessing validity of threats

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7
Q

R v Hudson & Taylor

A

IN SOME CASES availability of police protection will not negate the defence

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8
Q

R v Abdul-Hussain

A

Threat must not be immediate but imminent

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9
Q

R v Cole

A

Threat must relate to a specific offence

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10
Q

R v Sharp

A

General rule of duress not available where duress is self-induced

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11
Q

R v Shepard

A

Exception to self-induced duress rule

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12
Q

R v Hasan

A

Defence not available where D associates with those violent and dangerous

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13
Q

R v Gill

A

Only available if there is ‘no safe avenue of escape’ for D.

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14
Q

R v Bowen

A

Characteristics relevant to resisting threats do not include low IQ.

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15
Q

R v Conway

A

Threats to friends are sufficient

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16
Q

R v Martin

A

Threats to family are sufficient