duress

• what is the fifth element of duress?

  There must have been no opportunity for evasive acts
• what is the first element to duress?

  The threat must be one which is of death or serious injury
• WHat is the significance of the case of AG v WHelon?

  It gives the first element of defence- the threat must be one of death or serious injury
• what is the first question to be asked in the graham test?

  Was the D compeleld and/or forced to act because of a reasonable belief that they had good cause to fear injury or death?
• What is the fourth element of duress?

  The threat must be directly related to the crime committed
• Why is there a defence of duress?

  To prevent someone being guilty of a crime that they wouldnt committ
• what is the second element of duress?

  The threat is to the D, an immediate family member or someone who is clsoe to the D
• What is the secodn question 2 be asked in the graham test?

  Would someone sober and of reasonable firmness who is also sharing the same circumstances and characteristics of the Defendant have acted in the same way or a similar way?
• what is the significance of the case of r v graham 1982?

  It created the graham test with 2 steps
• what is the case of r v bowen?

  It states that the following factors of the D should be considered, and that LOW IQ is to NOT be considered:

  Age

  Pregnancy status

  Serious physical disability

  Mental illness

  Gender
• what is the significance of r v connoway?

  In element 2, it extended the list of people who may be impacted by the threat- including a passenger in the D's car.
• What is the significance of the case of r v gotts?

  It shows that the defence of duress canot be used on attempted murder
• What is the significance of the case of r v hammond?

  It is an example of duress failing as there was no evidence of the threat being imminent
• what is the signficance of the case of r v hassan?

  It gives the 6 elements to duress
• what is the signficance of the case of r v howe?

  It shows that the defence of duress cannot be used for murder
• what is the significance of the case of r v hudson and taylor?

  It was an example of the defence of duress succedding as the threat was effective at the moment of the crime to the point where the D's in question lied under oath
• what is the signifiance of the case of r v valderrama vega?

  It shows that the defence of duress will only take into account threats to one's life, it discounts threats involving one's sexuality
• what is the sixth element of duress?

  The d must not be involved in a dangerous/criminal gang otherwise the defence will fail
• what is the third element of the defence of duress?

  The D must have acted reasonably in light of the threats
• what types of threats were listen in AG v Whelon?

  Threats of immediate death, or serious personal violence which are so great that they overbear the ordinary power of resistance
• what offences can duress not be used for?

  Murder, attempted murder and treason