Duress by Threats

HideShow resource information

1. Duress can only be used as a defence if the defendant is placed in a situation where he has no safe avenue of escape - from the case of

  • 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
  • Gill where the defendant claimed he and his wife had been threatened unless he stole a lorry, however there was a period of time where he was left alone and could have found help
  • All crimes except murder, attempted murder and possibly treason
1 of 16

Other questions in this quiz

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

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

3. 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

4. Duress by threats is where

  • 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
  • Age, pregnancy, serious physical disability, recognised mental illness or psychiatric disorder, sex - iQ can not be considered

5. 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

  • 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
  • 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

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »