duress by threats

• duress by threats

  standard test restated in (hasan)
• duress by threats 1


  specified crime

  must be nexus (connection) between threat and crime - (Cole)
• duress by threats 2


  immediate threat

  'immediate' not strictly applied, 'imminent' is sufficient - (Abdul Hussain)
• duress by threats 3

  threat of death or serious injury

  must be death or serious injury - (shayler)

  threats to reveal sensitive information are sufficient - (valderamma-vega)

  d judged by their perception of threat - (Sofi)
• duress by threat 4

  threat must usually be to d or d's family - (Martin)
• duress by threat 5

  threat must be so great to overbear the ordinary powers of human resistance - (graham)

  d must have reasonable belief in the circumstances leading him to have a good cause to fear death or serious injury if he didn't comply

  s&r firmness, sharing characteristic of d, might have acted as d did

  low iq, vulnerable not included - (Bowen)
• limitations of duress by threats

  murder - (howe)

  attempt murder - (gotts)

  d could reasonably have taken evasive action - (gill)

  d voluntarily joined violent gang - (Hasan)

  d became indebted to drug dealers - (flatt)