Revision Book Flashcards
What link is needed between the threat made and the offence carried out?
The person issuing the threat must say which offence they want to be carried out (R v Cole - threatened with violence if didn’t repay debt so committed a robbery, decision to offend was free choice).
What does duress require?
Do this or else.
What is the test for duress?
Two staged test in Graham. Objective element is if an ordinary person with Ds characteristics in D’s position would have reacted in the same way. Subjective element if he didn’t do it the person would kill him or cause him serious bodily harm.
What characteristics are taken into account for the Graham test?
R v Bowen said: Age Sex Pregnancy Physical disability Recognised mental illness
When is duress not available as a defence?
For murder or attempted murder (R v Howe) and for voluntary association with a gang (R v Sharp).
Give a case example showing D’s actions were reasonable and proportionate to the threat made?
Martin - wife threatened to commit suicide unless he drove son to school. Duress of circumstances to charge of driving whilst disqualified.
What if a threat cannot be carried out at the time it is made?
It suggests there is an opportunity to avoid it (Hudson and Taylor).
