Duress- case principles 2.0 / 5 based on 1 rating ? LawLaw of TortA2/A-levelAQA Created by: abbylouiseCreated on: 11-06-13 11:49 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
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