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Duress
| Question | Answer |
|---|---|
| definition | Threat of death or serious personal violence is so great that it overbears the ordinary powers of human resistance |
| what case does the definition come from | A-G v Whelan |
| what's it not a defence to | murder and attempted murder |
| what's the test fro duress by threats | Was D compelled to act because of a reasonable belief that he had good cause to fear serious injury or death. Would a sober person of 'reasonable firmness', sharing the accused's characteristics, have reacted in the same way |
| what is safe avenue of escape | if D could have raised the alarm or sought safety, the defence will fail |
| what case says safe avenue of escape | Hasan |
| nexus | has to be told to commit a specific crime |
| case for nexus | Cole |
| intoxication | will negate a mistake as to a threat |
| case for intoxication | Flatt |
| self induced | defence won't succeed |
| case for self induced | Hasan |
| Graham Test | crime, threat, characteristics, self induced |
| test for duress of circumstances | Compelled to commit offence because D reasonably believed that he or others would suffer serious injury and or death. Sober person of reasonable firmness, sharing D's characteristics, would have responded in the same way |
Created by:
Abi Walker
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