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Description
Flashcards by Joanne North, updated more than 1 year ago
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Created by Joanne North
about 7 years ago
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| Question | Answer |
| What is duress? | Where the defendant is forced to commit a crime agaisnt their will. |
| What are the two types of duress? | Duress by Threats Duress by Circumstance |
| What does the case Valderrama-Vega state? | Threats must be of serious harm or death. |
| What case states that family members can be threatened? | Martin |
| What case states that friends can be threatened? | Conway |
| What does the Draft Criminal Code 1989 state? | We should extend it to strangers but there is no specific law on it. |
| What is the test for duress? | Graham Test |
| What are the two questions of the Graham test? | 1. Was the defendant compelled to act because he reasonably believed he had a good cause to fear serious injury or death? 2. Would a sober person of reasonable firmness, sharing the characterisitcs of the defendant responded in the same way? |
| What case re-affirmed that specical characteristics have to be taken into account? | Martin (DP) |
| What case states the special characteristics? | Bowen |
| What does Bowen state the special characteristics to be? | Age Pregnancy Recognised mental illneees Sex Being of low IQ doesn't count |
| What cases states that if there is a safe avenue or excape, there is no defence? | Gill |
| What case states that police protection might not always be effective? | Hudson and Taylor |
| What case states that the threat must be hanging over D at the time of the offence? | Hudson and Taylor |
| What cases states that the threat must overbear the defendants will? | Abdul-Hussain |
| What case stats that the crime has to be specific? | Cole |
| What case states that if the defendant is aware or should be aware he may be put under duress to commit offences, he cannot use the defence? | Hasan Sharp |
| What case states that if the defendant has no knowledge that they would use violence then duress is availbale?' | Shepard |
| In duress by circumstances what cases states that the threat doesn't have to be direct? | Wiler |
| What other law if relevant for duress by circumstances? | All the law in duress by threats other than Cole. Conway also states that the Graham test is judged objectively. |
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