duress by threats

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Duress by threats

R v Howe: duress is not a defence to murder or when a person is a party to a murder.

6-part test established in the case of Hasan:

1.Is the threat of death or serious injury?

2.Is the threat to the D or someone close to them?

3.Did the D act reasonably according to the objective test from Graham?

Did the D act as they did because they reasonably believed they had a good cause to fear serious injury or death?

Would a sober person of a reasonable firmness, sharing the characteristics of the accused have responded in the same way?

4.Were the threats made relate directly to the crime?

5.Was there any way the D could have taken evasive action?

6.Did the D voluntarily leave themselves open to threats? 

7.Is the threat of death or serious injury?

 

1.Is the threat of death or serious injury?

R v Valderama-Vega – threats of revealing homosexuality alone would be insufficient to find defence but can be when coupled with threats of serious violence.

R v Hudson and Taylor- Threat has to be present in the sense that it was affecting the will of the D at the time of committing the offence. 

 

2.Is the threat to the D or someone close to them?

R v Hurley- a threat made against D’s girlfriend

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