PAPER 1 DURESS/THREAT/CIRCUMSTANCES

Question 1

What is duress based on?

Answer 1

The fact that D has committed the offence because he has been threatened with death or serious injury

Question 2

What sort of defence is duress?

Answer 2

A general and complete defence

Question 3

What is duress not available for?

Answer 3

Murder (Howe) or attempted murder (Gotts)

Question 4

What is the first element of duress of threats?

Answer 4

A threat that is accompanied by an order to commit a specified crime.

Question 5

What is not sufficient in the first element of duress of threats?

Answer 5

The defendant feeling the need to commit a crime to meet demand for money. (Cole)

APPLY

Question 6

What must the threat be?

Answer 6

Immediate one of death or serious injury.

Question 7

What does the threat having to be immediate appear to mean?

Answer 7

That the threat must be effective at the moment the crime is committed but not that threats need to be able to be carried out immediately.

APPLY

Question 8

What should the threat be of?

Answer 8

Death or serious injury

Question 9

What effect can be considered with threats?

Answer 9

Cumulative threats where a series of serious threats are said

APPLY

Question 10

Who should the threat of violence be to?

Answer 10

The defendant or a person whom he has responsibility or persons for whom the situation makes him responsible

Question 11

Can threats to friends and family be a basis for duress?

Answer 11

Yes
APPLY

Question 12

The threat must be so great…

Answer 12

As to overhear the ordinary powers of human resistance

Question 13

For the test to be successful what must the jury consider?

Answer 13

Grahams 2 step test:
1. Was the D compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death? (Subjective test)

2. If so would the sober person of reasonable firmness sharing the same characteristics of the accused have responded the same way. (Objective test.)

Question 14

Characteristics that can be taken into account are what? And who decided them?

Answer 14

Bowen decided them
They can be age, sex, pregnancy and mental illness.

Question 15

What characteristic can’t be considered?

Answer 15

Low IQ

Question 16

The relevant characteristics must go to the ability to do what?

Answer 16

Resist pressure and threats

APPLY

Question 17

Duress can only be used as a defence if D has no what?

Answer 17

“Safe avenue of escape” (Gill)

APPLY

Question 18

What happens if the source of threat is an organisation e.g criminal gang that D joined voluntarily with Knowledge that threats of this kind might be made?

Answer 18

D will not normally have a defence. If not normally known for violence D may succeed.

Question 19

D OF C:

what was the first case that recognised this?

Answer 19

Willer

Question 20

D OF C:

what was the first case that recognised this?

Answer 20

Willer

Question 21

D OF C:
What does D of C involve?

Answer 21

D arguing that the cumulative pressure of surrounding circumstances forced them to commit a crime

Question 22

D of C:

After cases of Conway and Martin what was assumed?

Answer 22

That this was only a defence to driving offences

Question 23

D of C:
What was said in Pommell?

Answer 23

That D of C is available for all crimes except for murder and attempted murder.