General Defences: Duress Flashcards
What type of defence is duress?
Complete and general
Which crimes are excluded from using the defence of duress and which cases set this out?
Murder (R v Howe) and attempted murder (R v Gotts)
When would D use the defence of duress?
When they have committed an offence because he has been threatened with/faces death or serious injury
What does Valderrama - Vega say?
That there must be a threat of death or serious injury
What does Shayler say?
That the threat can be aimed at the defendant or anyone whom D is responsible for
What does Cole say?
That there must be a specific link between the threat and the offence committed
Which test is used to determine duress?
The Graham test
What is part 1 of the Graham test?
Was D compelled to act as he did because he reasonably believed he had a good cause to fear serious injury or death?
What does Hasan say?
That D must genuinely and reasonably believe that the threat would be carried out
What is part 2 of the Graham test?
If so, would a sober of reasonable firmness, sharing D’s characteristics have responded in the same way?
What does Horne define ‘sober person of reasonable firmness’?
An average member of the public, not a hero or a coward
What does Bowen say that the characteristics that could attribute to the ‘sober person of reasonable firmness’?
Age Pregnancy Serious physical disability Mental disorder Sex
What does Gill say?
Duress can only be used if D is in a situation where he has no safe escape
What does Abdul - Hussain say about the imminence of the threat?
That the threat must operate on D’s mind at the time of committing the act as to overbear his will (this is a matter for jury to decide)
Where D self induces duress can he use the defence?
No
