Duress

Overview

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  • Created by: Megan
  • Created on: 23-06-11 09:02

Duress by threat

The threat must be of death or serious injury. However cumulative threats may be considered if they are serious

Valderama-vega: imported cocaine due to threat from mafia, individual threats not enough but together added to death 

threat doesnt need to be aimed at the victim- Conway: threat made at passenger in the car

Graham: set out a 2 part test for duress:
subjective- was d compelled to act as he did becuase he reasonably believed he had to due to fear of death or serious injury. HANSAN made this stricter- must be a genuine and resonable beliefe

Objective- if so would the sober person of reasonable firmness sharing D's characteristics have acted in the same way

 Can only use duress if there was no safe avenue of escape- Gill didnt take the safe avenue

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continued...

Imminence of threat- threat doesnt need to be immediate but imminent- 'hanging over them'

Threat to commit to a secific offence- Cole: hasnt been told to commit THAT specific crime and therefore couldnt use duress- chose to gain the money in that fashion

Self induced duress:
Duress is not allowed in those circumstances eg gang members

Sharp- not allowed duress as joined a violent gang

Shepherd- allowed even though he joined a gang- wsant recognised for violence

heath- owed money to drug dealer- they are known to be violent therefore  not allowed it

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