Duress- case principles

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Willer(duress of circumstances)
the treat must give rise to a fear of serious violence or death
1 of 13
Pommell
duress can be a defence to all crimes except murder, attempted murder, and some forms of treason
2 of 13
Valderama-Vega(duress by threats)
the threat must be of death or serious injury
3 of 13
Martin
the threat can be towards family
4 of 13
Conway
the threat can be towards friends
5 of 13
Cole
the threat must be in order to make the D commit a specific offence
6 of 13
Graham
sets out the two stage test for duress to succed.
7 of 13
Hasan( in relation to the first test for duress to succeed)
it does not matter that the actual threat did not exist provided that the D's belief in the threats are reasonable and genuine
8 of 13
Martin(DP)
the D's mental condition is relevant
9 of 13
Bowen( in relation to the second part of the test)
certain characteristics can be taken into account e.g. age, sex, pregnancy, serious physical diability, mental illness ect
10 of 13
Hasan(in relation to factors affecting the availability of duress)
shows an opportunity to escape
11 of 13
Hudson + Taylor
shows where there is an opportunity to escape but there is no evasive action the D could reasonably be expected to take in the circumstances
12 of 13
Shepherd or Hasan
where the D is voluntarily associated with criminals
13 of 13

Other cards in this set

Card 2

Front

duress can be a defence to all crimes except murder, attempted murder, and some forms of treason

Back

Pommell

Card 3

Front

the threat must be of death or serious injury

Back

Preview of the back of card 3

Card 4

Front

the threat can be towards family

Back

Preview of the back of card 4

Card 5

Front

the threat can be towards friends

Back

Preview of the back of card 5
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