DEFENCES: DURESS BY THREATS
- Created by: pwatkins05
- Created on: 07-11-21 10:24
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- 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
- threat must have an order to commit a specific crime
- element: immediate threat
- must be effective at moment of crime, threats need not be able to be carried out immediately
- Hudson and Taylor
- must be effective at moment of crime, threats need not be able to be carried out immediately
- element: threat of death/ serious injury
- threats to reveal sensitive info not enough, need to be accompanied by serious threats
- R v Vladeramma-vega
- threats to reveal sensitive info not enough, need to be accompanied by serious threats
- 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
- includes himself, family and passengers in a car etc
- 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
- includes sex, age, pregnancy and mental illness, but not IQ
- did D have good cause to fear serious injury/death? (subjective test)
- 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
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