Duress
- Created by: Molly Byrne
- Created on: 10-03-14 13:24
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- Duress
- Dont try to shovel snow!
- Directed at the defendant
- Threat of death or serious injury - not psychological harm (Baker & Wilkins).
- Threat to the df or someone connected to them - family (Valderrama-Vega) and friends (Conway).
- Subjective and objective 2 part test - from Graham approved in Howe.
- Subjective - was the df compelled to act as he did because he reasonable believe he had good cause to fear serious injury or death?
- Objective - If so would a sober person of reasonable firmness sharing the same characteristics of the accused have acted in the same way?
- No safe avenue of escape - Gill, Hudson v Taylor, Hasan
- People really should ignore snow
- Present threat - Hudson v Taylor. must operate on your mind or neutralise your will Abdul Hussain.
- Specific offence - must be clear whats being demanded (Cole). in duress of circumstance no offence is required (Willer).
- Reasonable & proportionate - qu for the jury (Abdul Hussain).
- Intoxication the intoxication must have no bearing on the understanding of a threat.
- Self induced duress - law doesnt excuse behaviour thats avoidable (Sharp).
- Dont try to shovel snow!
- Intoxication the intoxication must have no bearing on the understanding of a threat.
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