general defences- duress by circumstance

Question 1

what is duress by threats

Answer 1

it is a full defence for a person who has committed an offence due to threats of death or serious injury.
It is available to all crimes except murder and attempted murder (howe,gotts)

Question 2

the threat must be…

Answer 2

of death or serious injury (cole)
to the defendent,immidiate family of a 3rd party they feel responsible for (martin and ortiz)

Question 3

if relevant:

Answer 3

cannot be :
threat to expose sexuality
to damage property
of phycological harm
can be:
threat to rape

Question 4

2 part test

Answer 4

Graham test
1. Did d feel compelled to act because they reasonably believed they had good cause to fear death or serious injury (cairns)
2. Would a sober person of reasonable firmness with similar charateristics react in the same way.

Question 5

If relevant

Answer 5

characteristics allowed= age,gemnder,sex,pregnancy,mental illness
not allowed= low iq( bowen) addicition (flatt)

Question 6

the threat must be ..

Answer 6

imminent

Question 7

there is no

Answer 7

need for a real threat just one perceived by D (cairns)

Question 8

if relevant

Answer 8

must not be a safe avenue of escapr (gill)
must not be self-induced e.g in a gang (hasan)