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Criminal law
General Defences
Duress
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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?