Flashcards
Duress
Flashcards do conjunto (20)
- 1What is duress?Where the defendant is forced to commit a crime agaisnt their will.
- 2What are the two types of duress?Duress by Threats
Duress by Circumstance - 3What does the case Valderrama-Vega state?Threats must be of serious harm or death.
- 4What case states that family members can be threatened?Martin
- 5What case states that friends can be threatened?Conway
- 6What does the Draft Criminal Code 1989 state?We should extend it to strangers but there is no specific law on it.
- 7What is the test for duress?Graham Test
- 8What 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? - 9What case re-affirmed that specical characteristics have to be taken into account?Martin (DP)
- 10What case states the special characteristics?Bowen
- 11What does Bowen state the special characteristics to be?Age
Pregnancy
Recognised mental illneees
Sex
Being of low IQ doesn't count - 12What cases states that if there is a safe avenue or excape, there is no defence?Gill
- 13What case states that police protection might not always be effective?Hudson and Taylor
- 14What case states that the threat must be hanging over D at the time of the offence?Hudson and Taylor
- 15What cases states that the threat must overbear the defendants will?Abdul-Hussain
- 16What case stats that the crime has to be specific?Cole
- 17What 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 - 18What case states that if the defendant has no knowledge that they would use violence then duress is availbale?'Shepard
- 19In duress by circumstances what cases states that the threat doesn't have to be direct?Wiler
- 20What 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.