Duress by Threats / Duress of Circumstances

Cards (8)

  • Threats
    Danger comes from a person (Graham test)
  • Circumstance
    danger comes from the situation (Graham test)
  • Howe & Gotts?

    cannot use for attempted murder
  • Shayler?
    threat must be of death or serious injury
  • Martin?
    threat must be to D, or D’s family
  • Cole?
    must be a nexus between threat made and crime committed
  • Hasan?
    cannot use defence if voluntarily associated with violent criminals
  • Graham test
    1. D must have a reasonable belief in the circumstances that led D to have a good cause to fear death or serious injury if he did not comply
    2. A sober person of reasonable firmness, sharing the characteristics of D, might have acted as D did. - Bowen – low IQ / vulnerable / self-induced not included; only age, sex, pregnancy, serious physical disability, recognised mental illness or psychotic conditions included.