Duress Of Threats And Circumstance

Question 1

Duress of threats definition

Answer 1

(A-G v Whelan) “Threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance”
Threat can be made to loved ones
(R v Graham) creates 2 stage test

Question 2

Duress of threats stage 1

Answer 2

Was the defendant impeller to act as he did beavsue as a result of what he reasonably believed the other had said or done he had good cause to fear that if he did not act as he did death or serious injury would result
.threat must be really serious
(R v Valderrama vega) threat to disclose homosexuality not enough
(R v Dao)
.threat must be connected to crime committed (R v Cole)
.immediacy or threat and possibility of escape (R v Huddson+Taylor) (R v Abdul-Husaain) threat must be imminent but not immediate

Question 3

Duress of threats stage 2

Answer 3

Would a sober person of reasonable firmness, sharing the same characteristics of the defendant have acted in the same way? (Verry strict)
(R v Bowen)

Question 4

Duress of threats exception

Answer 4

Self induced duress
(R v Fitzpatrick) (R v Sharp) (R v Hassan) (R v Flatt)
If involved in organised crime and that is why did it no defence

Question 5

Duress of circumstances

Answer 5

Comes from (R v Willer)
Developed by (R v Conway)

Question 6

Duress of circumstances stage 1

Answer 6

Was the defendant impelled to act as he did because or as a result of what he reasonably believed the other had said or done, he had good cause to fear that I’d he did not act as he did death or serious injury would result?
(R v Martin)
(R v S Ltd and L Ltd)

Question 7

Duress of circumstances stage 2

Answer 7

Would a sober person of reasonable firmness sharing the same characteristics of the defendant have acted in the same way?
(DPP v Bell)
(R v Pommell)