Duress by Threats

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1. 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
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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. 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
  • Age, pregnancy, serious physical disability, recognised mental illness or psychiatric disorder, sex - iQ can not be considered
  • The defence should succeed
  • All crimes except murder, attempted murder and possibly treason

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

  • 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
  • Will
  • Another person threatens the defendant with serious violence unless the defendant commits an offence
  • Will not

5. 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

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