Defences: Duress

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What are the 2 types of Duress?
Duress by threat and by circumstances
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What is Duress by threat?
This where the D is threatened with serious violence unless them commit the offence.
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Seriousness of the threat?
There must be one of death or serious injury. Any less and the courts will not allow it.
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Valderrama-Vega?
The threat of serious injury/death was one of the reasons the D committed the crime so should have been allowed the defence.
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Threat to whom?
Threat to the D and family and friends can be a basis for duress.
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Martin?
Threat to a family member is sufficient.
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Conway?
Threats were made to a passenger in the D's car. This was sufficient enough for a defence of duress.
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Other cards in this set

Card 2

Front

What is Duress by threat?

Back

This where the D is threatened with serious violence unless them commit the offence.

Card 3

Front

Seriousness of the threat?

Back

Preview of the front of card 3

Card 4

Front

Valderrama-Vega?

Back

Preview of the front of card 4

Card 5

Front

Threat to whom?

Back

Preview of the front of card 5
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