Duress (Paper 1)

Question 1

Meaning of duress

Answer 1

D only commits the crime because they were forced

Question 2

Two types of duress

Answer 2

Duress by threats and duress by circumstances

Question 3

Duress by threats

Answer 3

Where the D is actually threatened

Question 4

Duress by circumstances

Answer 4

The pressure comes from the situation the defendant is in

Question 5

Stage 1 of duress

Answer 5

You must commit the crime that was nominated by the person making threat (Cole)

Question 6

Ruling from Valderamma-Vega

Answer 6

Threats must be of death or serious injury. Threats against property are not enough

Question 7

Threats must be against who?

Answer 7

You, your family, or someone you are responsible for (Wright)

Question 8

How immediate must the threat be?

Answer 8

Immediate or almost immediate so that you don’t have time to go to the police (Hasan)

Question 9

Two stage test to determine if D should have resisted the threats comes from this case

Answer 9

Graham

Question 10

First part of the Graham test

Answer 10

Did D act because he reasonably believed that they or another would suffer death or serious injury (subjective)

Question 11

Second part of the Graham test

Answer 11

Would a ‘sober person of reasonable firmness’ but sharing the D’s characteristics, have responded by committing a criminal offence (objective)

Question 12

Relevant characteristics under Bowen

Answer 12

Age, pregnancy, physical disability, mental disability

Question 13

Meaning of self-induced duress

Answer 13

If D brought the pressure on themselves, such as by joining a gang

Question 14

Ruling in Hasan regarding self-induced duress

Answer 14

Should the D anticipated the threat? Meaning should they have realised the gang they joined could threaten them in this way