LAW P1 CRIM (DURESS)

Question 1

What are the 2 types of duress?

Answer 1

• Duress by threats
• Duress by circumstances

Question 2

What crimes is duress by threats avialable?

Answer 2

Duress by threats is a common law defence and it is available to all crimes committed by a defendant under duress, other than murder.

Question 3

What is the definition of duress by threats?

Answer 3

Duress by threats operates where the defendant argues that they were forced to commit a crime due to a direct threat aimed.

If the defendant had not been threatended, they would not have committed the offence.

Question 4

What must the defendant satisfy to utilise duress by threats as a defence?

Answer 4

The defendant must satisfy the 2-part graham test:

1. The defendant was compelled to act because they reasonably believed they had a good reason to fear death or serious injury
2. Would a reasonable person of reasonable firmness sharing the same characteristics as the defendant have acted in the same way undet the same set of circumstances.