Cases for Duress by threats or of circumstances

Is the Graham test relevant for both duresses?
Yes
1 of 9
What does the case of Bowen confirm?
It confirms that allowance can be made for the D's age & any physical or mental disability, but not for low intelligence
2 of 9
What is the case that confirms that the threat does not have to be carried out straight away but is imminent, meaning it is on the forefront of d's mind?
Abdul-Hussain
3 of 9
What does the case of Gill confirm?
It confirms that D will not have a defence if he has a 'safe avenue of escape'
4 of 9
What case was dissapproved in the Hasan case?
Hudson & Taylor
5 of 9
What do the courts do now that since the case of Hasan?
The courts now take quite an unsympathetic line where it can be argued that D had any alternative at all to committing the crime
6 of 9
What did the case of Cole confirm?
It confirms that the person making the threat must specifically require D to commit a crime
7 of 9
What are the cases that duress will fail if d knowingly put themselves in a position where they are likely to be subject to such threats, such as terrorist groups or a gang?
Fitzpatrick/Sharp
8 of 9
What is the case that confirms that duress will be rejected for those associated with drug gangs?
Ali
9 of 9

Other cards in this set

Card 2

Front

What does the case of Bowen confirm?

Back

It confirms that allowance can be made for the D's age & any physical or mental disability, but not for low intelligence

Card 3

Front

What is the case that confirms that the threat does not have to be carried out straight away but is imminent, meaning it is on the forefront of d's mind?

Back

Preview of the front of card 3

Card 4

Front

What does the case of Gill confirm?

Back

Preview of the front of card 4

Card 5

Front

What case was dissapproved in the Hasan case?

Back

Preview of the front of card 5
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