Duress by threats

• What type of defence is duress by threats?

  Common law
• Duress by threats is available for all crimes, except which?

  Murder and attempted murder
• Duress by threats is rarely sucessful
• Which case tells us duress by threats is not a defence to murder?

  Howe
• Which case tells us duress by threats in not a defence to attempted murder?

  Gotts
• Which case laid out the two-part test for duress by threats?

  Graham
• What is the two-part Graham test?

  1. Was the D. compelled to act because they reasonably believed they had a good reason to fear death or serious injury
  2. Would a sober person of reasonable firmness, sharing the same characteristics as the D., have acted in the same way
• What is the second rule of duress by threats?

  There must be a threat of death/serious injury
• Which case tells us there must be a threat of death/serious injury?

  Valderrama-Vega
• Which cases tell us that a threat of psychological injury is not enough for duress by threats?

  Baker and Quayle
• What do the cases of Baker and Quayle tell us about a threat for duress by threats?

  A threat of psychological injury will not suffice
• According to Hasan, what must the threat be?

  Objectively reasonable and subjectively genuine
• Which case tells us that the threat must be objectively reasonable and subjectively genuine?

  Hasan
• What does the case of Howe tell us about the threat?

  It must be so convincing that a person of reasonable firmness with the D's characteristics would have given in
• When considering the D's characteristics, what is relevant?

  Age, Gender, Pregnancy, serious physical disability or a recognised medical illness
• What does the case of Bowen tell us is not a characteristic that will be considered?

  A low IQ
• What case tells us that a low IQ is a not a characteristic of the D. that will be considered?

  Bowen
• What is the third rule of duress by threats?

  There can be a combination of threats, but a threat of death/serious injury must be present
• What is the fourth rule of duress by threats?

  Can include the defendant, a close family member, or people the defendant is responsible for (Wright)
• Which case tells us that the threat can include someone the defendant is responsible for?

  Wright
• What is the fifth rule of duress by threats?

  If there is a safe avenue of escape, this must be pursued
• Which case tells us that if there is a safe avenue of escape, this must be pursued?

  Gill
• Which case tells us that, if police protection can be sought, the D. must seek it?

  Batchelor
• What does the case of R v Gill tell us about an avenue of escape?

  If there is a safe avenue of escape, it must be pursued
• What does the case of Batchelor tell us about an avenue of escape?

  If police protection can be sought, the D. must seek it
• Which case tells us that it is viable not to seek police protection if the D. fear so afraid of the consequences?

  Hudson and Taylor
• What does the case of Hudson and Taylor tell us about police protection?

  If the D. is so afraid of the consequences then they do not have to go to the police
• What is the sixth rule for duress by threats?

  There must be an imminent danger of physical injury
• What is the first rule of duress by threats?

  Two-part Graham test must be satisfied
• Which case tells us there must be an imminent danger of physical injury?

  Hasan
• What is the seventh rule of duress by threats from Cole?

  Must be a nexus between crime nominated and crime committed
• What does nexus mean?

  Connection
• Which case tells us there must be a nexus between crime nominated and crime committed?

  Cole
• What is the eighth rule of duress by threats from Sharp?


  Fails if defendant associates with people known to make threats
• Which case tells us the defence fails if defendant associates with people known to make threats?

  Sharp