Duress

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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).
  • Intoxication the intoxication must have no bearing on the understanding of a threat.

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