Duress and Necessity

• What is the definition of duress in law?

  Pressure giving rise to a defense under threats
• Why is duress considered an absolute defense at common law?

  It acknowledges human frailty in extreme situations
• What is the first criterion in the standard test for duress?

  Specified crime must be involved
• What does the case of Cole establish regarding duress?

  There must be a nexus between threats and crime
• What does 'immediate threat' mean in the context of duress?

  'Imminent' threat is sufficient, not strictly immediate
• What was the significance of the _Abdul Hussain_ case?

  It clarified that 'immediate' can mean 'imminent'
• What type of threats are required for duress to apply?

  Threat of death or serious injury
• What does the _Shayler_ case state about threats?

  Threat must involve death or serious injury
• What did _Valderamme-Vega_ determine about threats?

  Threats to reveal sensitive information are insufficient
• How is the defendant judged in terms of perceived threat?

  By their perception of the threat
• Who can the threat be directed towards for duress to apply?

  Usually to the defendant or their family
• What does the Graham test assess in duress cases?

  Whether the threat overbore human resistance
• What are the two parts of the Graham test?

  Reasonable belief in threat and sober person's reaction
• What does _Cairns_ state about the defendant's belief?

  Must have a reasonable belief in the threat
• What characteristics are considered in the Bowen case?

  Age, sex, pregnancy, disability, mental illness
• What are the limitations of the duress defense?

  Not available for murder or attempted murder
• What does _Howe_ state about duress in murder cases?

  Duress is not a defense for murder
• Under what condition is duress not available according to _Gill_?

  If the defendant could have taken evasive action
• What does _Hasan_ state about joining a violent gang?

  Duress is not available if D joined knowingly
• What does _Flatt_ indicate about drug dealers and duress?

  Duress is not available if D is indebted to dealers
• How does the concept of duress relate to human behavior?

  It acknowledges the limits of human resistance