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Criminal
Defences
Duress by Threats
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Created by
Jessica Admans
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Cards (10)
Complete defence to all crimes but murder (
Howe
), attempted murder (Gotts) and
treason
Burden
of proof is on
prosecution
The threat must be to
kill
or cause serious harm (
Valderama Vega
)
Threat must be
directly
related to the crime been committed (
Cole
)
2 part test set out in (
Graham
)
compelled to act due to
fear
-
subjective
would a
sober
person of reasonable firmness do the same? -
objective
(
Bowen
) sets out
characteristics
, not IQ
Threat must be
imminent
not necessarily immediate (Abdul-Hussain)
No safe avenue of escape (
Gill
)
Duress not available if def
voluntarily
associates with criminals (
Hasan
)
Cannot use the
defence
if voluntarily intoxicated