duress summary
- Created by: susantatex1
- Created on: 04-05-16 14:33
View mindmap
- Duress
- Duress by Threats
- What must the threat be?
- The threat must be or serious injury or death
- The threat can be serious based on the circumstances shown in the case of Valderrama-Vega 1985
- It must be a threat of committing a specific offence shown by the case of Cole 1994
- Who can the threat be to?
- It was previously thought that the threat could only be made to the D
- Obita Dicta case from Australia in 1967 changed this
- Obita Dicta case from Australia in 1967 changed this
- Martin 1989
- Threats to kill or injure a D's common law wife were sufficient
- Threats to wife/husband
- Conway 1988
- Threats were to a passenger in the D's car - held to be sufficient
- Threats to a friend
- It was previously thought that the threat could only be made to the D
- The Test for the Jury
- Subjective
- Was the D compelled to do the acts he did because he reasonably believed he had good cause to fear serious injury or death
- Objective
- Would a sober person of reasonable firmness, sharing the same characteristics as the D responded in the same way?
- In Bowen 1996 it was held that these characteristics were relevant: age/pregnancy/ serious physical disability/recognised mental illness/sex
- Would a sober person of reasonable firmness, sharing the same characteristics as the D responded in the same way?
- This test was approved by the HOL in Howe 1987
- Subjective
- There must be no safe avenue for escape
- Hudson and Taylor 1971 - police protection might not always be effective
- If police protection is available then the D cannot rely on duress
- Gill 1963
- Imminence of the Threat
- The threat must be effective the moment the crime is committed
- Untitled
- What must the threat be?
- Duress by Threats
Comments
No comments have yet been made