durress

Question 1

Duress by threats involves…

Answer 1

…the threat of death or serious personal violence so great that it overbears ordinary human resistance. Jury decides if the threat was sufficiently serious.
(A-G v Whelan)

Question 2

The threat must cause…

Answer 2

…death or serious injury.
(Howe, R v Valderrama-Vega)

Question 3

the test which governs the application of duress is

Answer 3

established in hasan

Question 4

The defendant must act…

Answer 4

..reasonably in light of the threats, with the threat overbearing ordinary human resistance.
(Graham)

2 stage objective test

Was the defendant compelled to act because they reasonably believed the threat? (Subjective, Safi).

• if so, would a sober person of reasonable firmness, sharing the same characteristics of the D have reacted in the same way
• Bowen , jury allowed to take d’s characteristics into account

Question 5

The threat must be directed at…

Answer 5

…the defendant, their immediate family, or someone close to them.
(Ortiz, Wright)

Question 6

The threats must relate directly to…

Answer 6

…the crime committed by the defendant.
(R v Cole)

Question 7

The defendant must not have…

Answer 7

…been able to take evasive action.
(R v Gill, R v Hudson v Taylor)

Question 8

The threat must be…

Answer 8

…immediate or almost immediate.
(R v Hasan)

Question 9

The defence is not available if…

Answer 9

…the defendant voluntarily exposed themselves to the threats.
(R v Sharp, Hasan)