DURESS OF THREATS

• Defenition


  This defence occurs where D is forced to commit a crime because they were threatened with death or serious injury or due to their circumstances, the crime was necessary because of this. This defence is available to all crimes except murder and attempted murder.
• 1. Was D compelled to act because they reasonably believed they had good cause to fear death or serious injury if the crime was not committed?

  Subjective
• 2. Would a sober person of reasonable firmness sharing D's characteristics have responded that way?


  Objective
• 3. Self-induced duress is not a defence