Duress by threat - Unit 4

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  • Created by: Carissa
  • Created on: 17-06-15 13:49
Definition of duress by threat
It is used when a defendant believes that they were threatened serious harm or death if they didn't carry out particular criminal actions.
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[R v Cole]
Threat must be specific. In [R v Cole] the threat was seen as too trivial to allow for how D acted.
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[Valderama-Vaga]
Must threaten death or serious injury. In [Valderama-Vaga] the D was threatened with serious injury and exposure of his homosexuality. Homosexuality alone would not suffice.
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[R v Howe] subjective test
Was the accused, or may he have been, impelled to act as he did because, as a result of what he reasonably believed another had said/done, he had good cause to fear that if he did not act, he/ those he felt responsible for, would face death/s.injury.
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[R v Cairns]
There does not have to be a real threat, the defendant must simply have believed there was.
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[R v Bowen]
Age, sex, pregnancy, serious disabilities and mental illness are relevant characteristics that can be considered. A low IQ is not.
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[R v Horne]
The court would not allow someone to argue that their unusual pliability and weakness made them excessively vulnerable to give into pressure.
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Objective test
Has the prosecution made the jury sure that a sober person of reasonable firmness, sharing the same characteristics as D, would not have reacted in the same way as D in the situation D believed himself to be in.
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[R v Wright]
Threat to D's boyfriend sufficient as it includes those whom the defendant feels responsible for.
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Other cards in this set

Card 2

Front

Threat must be specific. In [R v Cole] the threat was seen as too trivial to allow for how D acted.

Back

[R v Cole]

Card 3

Front

Must threaten death or serious injury. In [Valderama-Vaga] the D was threatened with serious injury and exposure of his homosexuality. Homosexuality alone would not suffice.

Back

Preview of the back of card 3

Card 4

Front

Was the accused, or may he have been, impelled to act as he did because, as a result of what he reasonably believed another had said/done, he had good cause to fear that if he did not act, he/ those he felt responsible for, would face death/s.injury.

Back

Preview of the back of card 4

Card 5

Front

There does not have to be a real threat, the defendant must simply have believed there was.

Back

Preview of the back of card 5
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