Duress Of Threats

Question 1

What does AG v whelan define a threat as

Answer 1

Threats of immediate death or serious personal violence are so great as to overbear the ordinary powers of human resistance

Question 2

What must the nature of the threat be

Answer 2

Death or serious injury as in r v Singh where less threats will not be sufficient
Psychological threats are not sufficient baker and Wilkins

Question 3

Are lesser threats to destroy property sufficent

Answer 3

No

Question 4

Are threats to expose sexual immorality sufficent

Answer 4

No as shown in valderrama vega

Question 5

What else does valderrama vega show and case facts

Answer 5

There can be a string of threats to include death or serious injury
Imported cocaine as death threats made and threatened to expose sexuality
Convicted at first instance but conviction quashed on appeal

Question 6

Who can the threats be to

Answer 6

Yourself of family as stated in Martin

Question 7

Case law has developed the use of the defence to who

Answer 7

Wife, girlfriend, mother or friends as decided willer and Conway

Question 8

Who did Wright suggest the defence could be used for

Answer 8

Anyone who’s safety d reasonably regarded himself as responsible

Question 9

What does r v Cole indicate and facts

Answer 9

D must be told what crime to commit

Moneylenders pressured d for money and threatened girlfriend and children he went and robbed 2 building societies
He was not told to rob so does not have a defence of duress

Question 10

For d of t d must have been forced to commit a crime under threat of

Answer 10

Death or serious injury

Question 11

If d voluntarily commits an offence to escape the consequence of threat is duress available

Answer 11

No

Question 12

There has to be a sufficient what between threat issues and crime

Answer 12

Nexus (connection)

Question 13

What offences is duress not available for

Answer 13

Murder
Attempted murder
Possible treason

Question 14

Who is the burden of proof with

Answer 14

Prosecution although d must raise evidence of duress

Question 15

What is the test for duress

Answer 15

A two stage test laid down in r v graham

Question 16

Which case confirmed r v graham

Answer 16

Howe and bannister

Question 17

Case facts of r v graham

Answer 17

Homosexual living with wife and boyfriend, boyfriend told d to hold end of rope to strangle wife

Question 18

What is section 1a of Graham’s test

Answer 18

D must fear death or serious injury and have good cause to do so (subjective)

Question 19

What is part 1b of graham test

Answer 19

The belief must be reasonable and genuine (hasan) and the jury must believe that death or serious injury was likely

Question 20

What is part 2 of graham test

Answer 20

Would a similar, person sharing certain characteristics of d, sober person or reasonable firmness fear death or serious injury (objective)

Question 21

Must must there be evidence to suggest

Answer 21

That d believed the duressor

Question 22

What can the reasonable person be given when considering graham test

Answer 22

Certain characteristics of d if it made him more susceptiable to pressure

Question 23

What do the certain characteristics include

Answer 23

Age
Sex 
Pregnancy 
Serious physical disability 
Mental impairment 
Post traumatic stress disorder

Question 24

Which case indicated post traumatic stress disorder could be considered

Answer 24

Bowen

Question 25

A personality disorder can not be taken into consideration or any other recognised mental illnesses as decided in

Answer 25

Hegarty

Question 26

Excessive vulnerability or timidity can not be taken into consideration which case

Answer 26

Bowen h

Question 27

Why can timidity not be used

Answer 27

Because the reasonable person must have reasonable fortitude

Question 28

Low IQ can not be considered which case and why

Answer 28

Bowen

Because it doesn’t make d less courageous or less able to withstand threats

Question 29

Which case said intoxication can not be used

Answer 29

R v flatt

Question 30

What did the draft criminal code want to do with the graham test

Answer 30

Put it on a fully subjective

Question 31

Which case indicated that there must be no safe way out

Answer 31

R v Gill

D was told to steal lorry but he was left alone where he could have had time to raise an alarm

Question 32

Which case stated d must seek police protection as soon as possible

Answer 32

R v pommels

Question 33

Which case said it is not acceptable for d to choose not to seek police protection because they feel it is inadequate

Answer 33

R v hasan

Question 34

Under old law any threat had to be imminent if not immediate which case

Answer 34

Hudson v Taylor

Question 35

What time scale does current law allow

Answer 35

Immediate or almost immediate in r v hasan

Question 36

Which case indicated that if d voluntarily becomes involved in a gang knowing the crimes may be committed and then wants to rely on duress he will not be able to

Answer 36

R v sharp

Question 37

What will the situation likely to be when d can not rely on duress when part of a gang

Answer 37

If he voluntarily became involved in the gang
He knew the nature of the gang
And realised that the other gang member might pressure him into committing an offence

Question 38

If d joins in all innocence may he have access to the defence

Answer 38

Yes as indicated in r v Shepard

Question 39

What did r v Ali indicate

Answer 39

Extended the principles from r v sharp to include a person of violent nature

Question 40

In r v hasan what did the law lords indicate regarding gangs

Answer 40

Duress in not available when d could have foreseen that she or he might be forced to commit an offence by being subjected to threats from a gang or individual

Question 41

Which case decided that in murder duress is not available regardless of whether d was the killer of the secondary party to murder

Answer 41

R v Howe

Question 42

Which case said duress had been a defence for accessories to murder

Answer 42

Lynch v dpp