Duress by Threats

HideShow resource information

1. The threats must be of death or serious injury, lesser threats do not provide a defence - however provided there are serious threats then the cumulative effect of the threats can be considered as decided in the case of

  • 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
  • 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
  • Can use the defence of intoxication, eg if threatened by a man with a gun
1 of 16

Other questions in this quiz

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

  • 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
  • Martin, where the wife of the defendant threatened to commit suicide unless he drove disqualified
  • All crimes except murder, attempted murder and possibly treason

3. 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
  • All crimes except murder, attempted murder and possibly treason
  • Can use the defence of intoxication, eg if threatened by a man with a gun
  • Age, pregnancy, serious physical disability, recognised mental illness or psychiatric disorder, sex - iQ can not be considered

4. There is a subjective and objective test laid down in the case of Graham to decide if

  • Can use the defence of intoxication, eg if threatened by a man with a gun
  • The defence should succeed
  • 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

5. The threat must be imminent, and operating on the defendant's mind when he commits the offence

  • Abdul-Hussain, the defendant's hijacked a plane to escape from persecution in iraq
  • All crimes except murder, attempted murder and possibly treason
  • Can use the defence of intoxication, eg if threatened by a man with a gun
  • Age, pregnancy, serious physical disability, recognised mental illness or psychiatric disorder, sex - iQ can not be considered

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »