Duress

Hudson and Taylor defined duress by threat as a necessity to include a threat of..

Death of serious personal injury

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Singh highlighted that ____ was insufficient for the defence of duress..

Threats to expose a secret sexual orientation are insufficient

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Threats to expose sexual secrets, not allowed for the defence of duress, was also highlighted within..

Valerrama-Vega

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Under Ortiz who may threats be against..

Threats under duress may also, other than towards D himself, be extended to include, or solely be based upon, another. Being towards a member of D's family or to some other person for whose safety D would reasonably regard himself as responsible

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Under which case was the previous card based..

Wright

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How does Hudson and Taylor define the immediance of threat..

The threat must have been operative on D, or other parties, at the moment D committed the offence

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In what way does the H of L decision in Husan overrule the C of A decision in Abdul-Hussain and others..

Abdul-Hussain and others defined the immediance of threat as "imminent" but not necessarily "immediate". HOWEVER Husan held that the threat must be believed by D to be "immediate" or "almost immediate"

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What is suggested under Pommell..

If a delay occurs between the duress and the offence, and that delay is unexplained, then any duress must have ceased to operate

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Connected to this what was said in Hudson and Taylor..

That D and E should have sought some police protection

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Following Hudson and Taylor, and Pommell..

D will be expected of taking advantage of any reasonable opportunity of escape from duress and/or contact the police

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Cole highlighted what about the availability of duress as a defence..

That it was only possible as a defence in the threats were directed to the commission of the particular offence D is charged

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What is the defence of duress not accessible for.. (broad terms)

Murder, Attempted murder, and in some cases treason

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Flizpatrick held that duress is not accessible to those..

Who place themselves voluntarily in a situation where he risks being threatened with violence or the risk of death to commit a crime

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This highlights which kind of voluntary situations (Sharp, Ali, Baker and Ward, Heath, Harmer)..

Situations of criminal activity within criminal organisations or gangs

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Two part Graham test.. Part 1)..

1) Subjective element. "Was D compelled to act the way he did as a result of what he reasonably believed the duressor to have said/done. Believing that if he had not done so then he would be at risk of death/serious violence."

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Two part Graham test.. Part 2)..

2) Objective element. Would a sober person of reasonable firmness, sharing the same characteristics as D, have acted in a similar way?

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Duress

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Other cards in this set

Card 2

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Card 3

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Card 4

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Card 5

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Back

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