DEFENCES: DURESS BY THREATS

?
View mindmap
  • DURESS BY THREATS
    • definition: a common law defence whereby someone commits a crime because they were subject to a threat of death or serious injury
    • element: specified crime
      • threat must have an order to commit a specific crime
        • R v Cole
    • element: immediate threat
      • must be effective at moment of crime, threats need not be able to be carried out immediately
        • Hudson and Taylor
    • element: threat of death/ serious injury
      • threats to reveal sensitive info not enough, need to be accompanied by serious threats
        • R v Vladeramma-vega
    • element: threat must be to D or of whom he has responsibility
      • includes himself, family and passengers in a car etc
        • R v Martin    R v Conway
    • element: threat must overbear usual human resistance
      • did D have good cause to fear serious injury/death? (subjective test)
        • R v Graham
      • would a sober person of reasonable firmness and same characteristics have had the same response? (objective test)
        • includes sex, age, pregnancy and mental illness, but not IQ
          • R v Bowen
    • if threats made by criminal gang D joined voluntarily - no defence
      • R v Sharp
      • if gang not known for violence, D may have defence
        • R v Shepherd

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »