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