Duress

Cards (4)

  • Introduction
    Complete and general defence
    Results in full acquittal
    Not available for murder and attempted murder (Gotts)
    Rules set out by Graham test
  • Part 1 - Graham test
    Did the Defendant commit the crime because they feared serious injury or death?
    • threat must be death or serious injury (Valderrama - Vega)
    • doesn't have to be capable of happening as long as Defendant genuinely believe it could happen ( Cairns)
    • threat must be towards Defendant or someone they regard themself reasonably responsible for (Wright)
    • must be sufficient nexus between threat and the crime (Cole)
  • Part 2 - Graham Test
    Would a reasonable person, sharing the same characteristics as the defendant have responded in the same way?
    • characteristics can be considered (Bowen) : including age,gender and physical disability but not low IQ or timidity
    • threat must be effective at the time the crime is committed |
    • duress can only be a defence is there's no safe avenue of escape or if Defednact genuinely believed police protection would fail (Hudson and Taylor)
  • Self - induced Duress
    Defendant cannot rely on defence if they joined a gang or are in debt to a drug dealer (Hasan)
    Did they know/should have know the risk of violence?