Duress by Threats

HideShow resource information

1. It is expected that a defence of duress ______ allowed where the threat is to a complete stranger

  • Will
  • Will not
  • Age, pregnancy, serious physical disability, recognised mental illness or psychiatric disorder, sex - iQ can not be considered
  • Can use the defence of intoxication, eg if threatened by a man with a gun
  • Another person threatens the defendant with serious violence unless the defendant commits an offence
1 of 16

Other questions in this quiz

2. In the case of Hassan

  • Can use the defence of intoxication, eg if threatened by a man with a gun
  • If the threat was not reasonably expected to be carried out immediately or almost immediately then there was little room for doubt that the defendant could have taken evasive action by going to the police
  • All crimes except murder, attempted murder and possibly treason
  • Age, pregnancy, serious physical disability, recognised mental illness or psychiatric disorder, sex - iQ can not be considered

3. In Bowen, the characteristics that can be taken into account in Graham are

  • Valderrama-Vega - the defendant illegally imported cocaine, he claimed he did this because of death threats and threats to disclose his homosexuality and financial pressures
  • Age, pregnancy, serious physical disability, recognised mental illness or psychiatric disorder, sex - iQ can not be considered
  • Another person threatens the defendant with serious violence unless the defendant commits an offence
  • Can use the defence of intoxication, eg if threatened by a man with a gun

4. If police protection is possible then the defendant can not rely on duress, however as in the case of ________ police protection may not always be available

  • Age, pregnancy, serious physical disability, recognised mental illness or psychiatric disorder, sex - iQ can not be considered
  • Can use the defence of intoxication, eg if threatened by a man with a gun
  • Hudson and Taylor - where two girls lied under oath because of threats to cut them up
  • Another person threatens the defendant with serious violence unless the defendant commits an offence

5. Threats to family and even friends can be a basis for the defence as in the case of

  • Martin, where the wife of the defendant threatened to commit suicide unless he drove disqualified
  • Another person threatens the defendant with serious violence unless the defendant commits an offence
  • All crimes except murder, attempted murder and possibly treason
  • Can use the defence of intoxication, eg if threatened by a man with a gun

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »