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  • Duress
    • explanation
      • covers situation where d is forced or feel compelled to do something because of threats of death + serious energy
        • can = aquital
      • only available if offence is nominated
        • R v Cole
    • duress of circumstance
      • threat comes from circumstance rather than event
        • R v Willer
        • R v Conway
        • R V Martin
        • R v Pommell
    • Threat must be death or serious injury
      • as in hudson v taylor
        • confirmed in Hassan
      • any lesser threat not sufficient
        • Lynch v DPP = destruction of property
        • Valaderamma Vega
          • Cumulative nature of threats may be considered but must have death or serious injury threat
    • threat may be made to d or others
      • R v Oritz
      • duress allowed were friends or involved
        • R v Willer + R v Conway
      • R v Shayler = even a complete stranger
    • threat must be immediate
      • R v Abdul-Hussain= threat must be imminent but does not mean immediate
        • R v Safi = confirmed
          • Hassan restricted
    • opportunity to escape or seek help
      • must show evidence d had no option but to comply
        • R v Gill
    • not allowed where d is  voluntarily associated with criminal association
      • R v Sharp
      • r V Shepard
    • d need not have joined criminal association / join violent gang to be refused the defence
      • R v Ali
      • R v Hassan
    • the graham test
      • established in R v Graham
      • subjective test
        • 2 questions asked
          • 1) was d compelled to act a result of what he reasonably believed
            • R v Safi and others
          • 2) did d have good cause to fear that if he did not act as he did it would have resulted in the death or serious injury
      • objective test
        • would a sober person of reasonable firmness sharing  same characteristics as d have responded in the same way
          • R v Bowen


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