Duress

• 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?