Duress by Threats

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

  • Age, pregnancy, serious physical disability, recognised mental illness or psychiatric disorder, sex - iQ can not be considered
  • Will not
  • Will
  • 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
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2. Duress is available for what crimes

  • All crimes except murder, attempted murder and possibly treason
  • 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
  • Age, pregnancy, serious physical disability, recognised mental illness or psychiatric disorder, sex - iQ can not be considered

3. Duress by threats is where

  • 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
  • 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

4. The first part of the Graham test is a) was the defendant compelled to act as he did because he reasonably believed he had a good cause to fear death or serious injury, and the second part is

  • b) if so would a sober person of reasonable firmness, sharing the characteristics of the accused have responded in the same way
  • All crimes except murder, attempted murder and possibly treason
  • 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

5. If the defendant becomes voluntarily intoxicated, and mistakenly believes he is being threatened

  • He cannot use duress as a mistake in these circumstances is unreasonable
  • Age, pregnancy, serious physical disability, recognised mental illness or psychiatric disorder, sex - iQ can not be considered
  • All crimes except murder, attempted murder and possibly treason
  • Can use the defence of intoxication, eg if threatened by a man with a gun

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