Duress of Threats

Question 1

What is Duress of Threats based on?

Answer 1

“threats of immediate death or serious personal violence to great as to overbear the ordinary power of human resistance”

Question 2

5 main element of DOT
1)There must be a threat of death or serious injury
Case:

Answer 2

Valderrama-vega

Question 3

b)There must be nexus between criminal conduct and what is threatened
Case:

Answer 3

Cole

Question 4

Who should the threat be towards?

Answer 4

Towards the D, a member of their family or to a “person for whose safety the D would reasonably regard himself as responsible.”

Question 5

Graham test

Answer 5

1) Did the D reasonably and genuinely believe that they had good cause to fear serious injury or death?
2) Would a reasonable person with the same characteristics respond in the same way?

Question 6

Relevant characteristics includes

Answer 6

Age,Gender,Pregnancy,Physical/Mental disability.

Question 7

Relevant characteristics doesn’t include low IQ (case)

Answer 7

R v Bowen

Question 8

The threat must be of immediate death or serious violence…

Answer 8

with no evasive action or safe avenue of escape possible

Question 9

Hudson and Taylor

Answer 9

Police protection can be considered insufficient against a threat.

Question 10

Self-induced:
R v Sharp
R v Hassan

Answer 10

Duress will fail

-D voluntarily associate himself with violent criminals