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Duress/Necessity - textbook C

8 important questions on Duress/Necessity - textbook C

What is test for duress by threats

-D committed offence because he was threatened by death of serious injury

What are the 6 parts to the full test

1) immediate threat to cause death or serious injury
2)Threat must be directed against D or their immediate family or someone close to them
3)D must have acted reasonably in light of situation
4) The threats relate directly to crime committed by D
5)There was no evasive action D could have taken
6) D cannot use the defence if they voluntarily laid themselves upon to threats

There must be a threat to cause death or serious injury

-Lesser threats then death or BH aren't sufficient
-R v Valderrama Vega/ D convicted of importing drugs which he did under threats of serious violence as well as leaking he was homosexual (only passed due to death threats)

Threat must be directed against D or immediate family or someone close to them

-A person who's safety they would reasonably hold themselves responsible

D must have acted reasonably in light of threats

-R v Graham two stage test
-was D compelled to act as they did because they reasonably believed they had good cause to fear serious injury or death
-would the sober reasonable man sharing d's characteristics have responded in the same way

What characteristics can court take into account

-R v Bowen
Age, pregnancy, serious physical disability, recognised mental disorder

The threats relate directly to crime committed by D

-only use defence if threats are made in order to make him commit a specific offence
-R v Cole/ D claimed gf and child threatened to make him repay money for loanshark so robbed somewhere, insufficient connection between threat and crimes (lack of imminent peril)

D cannot use defence if voluntarily laid themselves open to threats

-R v Sharp/ appellant joined a gang and when wanted to leave, threatened with violence to kill someone but when did couldn't use duress as made himself open to threats

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