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Criminal Law - GenD

General Defences: Duress by threat/circumstances and necessity

QuestionAnswer
Howe Duress is not a defence for murder
Gotts Duress is not a defence of attempted murder
Graham Test part 1 (1) Was D compelled to act from reasonable belief of fear from serious injury or death
Graham Test part 2 (2) Would a sober person of reasonable firmness, sharing characteristics of the accused, have reacted in the same way?
Hasssan D voluntarily joined a gang (self-induced) and had an avenue of escape (call police when in house) so defence failed
Graham Lodger threatens homosexual to help kill his wife. Duress fails as he didn't fear SI/death + reasle person wouldn't have helped
Cole D owes loan sharks. Threaten D to get money. D does robbery. Defence fails due to nexus (no link between threat and crime)
Flatt Intoxication will negate a mistake as to the threat
Valderrama-Vega Court can consider the cumulative effects of numerous threats
Brandford Had an avenue of escape so duress couldn't apply
Bowen Outlies the characteristics to consider: Age, Gender, Serious physical disability, Mental illness, pregnancy - not low IQ
What is duress of circumstances? D is forced to act because of circumstances - no direct threat from a person e.g. fire
What is the test for duress of circumstnaces Same as test for duress by threat (Graham test)
Willer D surrounded by gang in a car so drove on pavement to escape. Duress applied in defence for reckess driving
Necessity test (1) Act done only to avoid inevitable evil (2) evil directed towards D or others D is responsible for (3) act reasonable/proportionate to evil avoided
Dudley v Stevens Defence of necessity put forward by sailors who ate the cabin boy to survive but failed
Re A Conjoined twins - necessity available as a defence as it was distinguished from dudley (V selected by circumstances not by D)
Created by: Oscar.G
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