General Defences - Duress of Threats P1 Flashcards
What is Duress of threats
D was forced by someone else to break the law under an immediate threat of serious harm to himself or someone else
Which case said that the threats are so serious as to ‘overbear the ordinary powers of human resistance’
A-G v Whelan
Which two offences can duress not be used for
Murder or attempted murder
Which case showed that duress cannot be used as a defence to murder
Howe
Which case showed that duress cannot be used as a defence to attempted murder
Gotts
Who is has the burden of proof and what is the standard of proof
D brings the defence
Prosectution have burden of proof to prove beyond all reasonable doubt that d was not acting under duress
What is the first stage of duress of threats
The threat must be to kill or do serious bodily harm
Anything less will not be enough but might be mitigating factor
Which case showed that a threat of adultery is not enough of a threat to overbear the will of an ordinary person
Singh
Which case showed that the jury were entitled to consider the cumulative effects of all the threats made
Valderrama-Vega
What is the second stage of duress of threats that must be established
Against whom must the theats be made
Under stage two of duress of threats, who can the threats be made against
D
His immediate family
Someone close to him
Someone whose safety D would reasonably regard himself responsible for
What is stage 3 of duress of threats
Did D act reasonably
Which case made the two stage test for duress of threats for stage 3
Graham
What is the two stage test set out in the case of Graham
1) Was compelled to act he did because he reasonably believed he had good cause to fear serious injury or death
2) Would a sober person of reasonable firmness sharing Ds characteristics have responded in the same way
Which case showed that some of Ds characteristics will be taken into account (but did not in this case)
Bowen - low IQ not accounted for
Which characteristics can be taken into account with the two stage test
Age, Pregnancy, serious physical disability, Recognised mental illness or psyciatric disorder, gender
What is the fourth stage
Did the threat relate directly to Ds crime
What is meant by stage four - did the threat relate directly to Ds crime
The threat must be directed at the commission of a particular offence
Which case showed for stage 4 of duress of threat that there wasnt enough connection between the threat and Ds crimes. The threat did ot tell him to commit robbery, just to pay off debt
Cole
What is the fifth stage of duress of threat
Could D have taken evasive action
What is meant by the fifth stage of duress - Could D have taken evasive action
Dress is only avaliable if D is put in a ituation where he has no safe avenue of escape
Which case showed D had the possibility of a safe avenue of esxape and involved D stealing a lorry but was left alone for enough time to sound an alarm
Gill
Which case showed that duress of threats could still be relied on as police protection is not fullproof and girls were vulnerable once they left court
Hudson & Taylor
What is the final stage of duress of threats
Did D lay himself open to threats
