duress summary

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  • 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
      • 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
        • This test was approved by the HOL in Howe 1987
      • 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

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