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

  • 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
  • He cannot use duress as a mistake in these circumstances is unreasonable
  • All crimes except murder, attempted murder and possibly treason

7. 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
  • Martin, where the wife of the defendant threatened to commit suicide unless he drove disqualified
  • All crimes except murder, attempted murder and possibly treason
  • Another person threatens the defendant with serious violence unless the defendant commits an offence

8. The threat must be effective at the moment the crime is committed, but this does not mean that the threats need to be able to be carried out immediatley - this is from 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
  • Hudson and Taylor, where two girls lied on oath, and the threat could not be carried out immediatley
  • Can use the defence of intoxication, eg if threatened by a man with a gun

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

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

10. The defendant can only use the defence if the threats are in order to make him/her commit a specific offence

  • Another person threatens the defendant with serious violence unless the defendant commits an offence
  • In Cole the defendant claimed he and his family had been threatened in order to make him repay money, he carried out robberies which he had not been told to commit
  • 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

11. 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

12. In the case of Hassan

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

13. If there is no mistake, and the duress is independant of the intoxication, then the defendant

  • 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
  • All crimes except murder, attempted murder and possibly treason

14. 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

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

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

16. 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