duress

Question 1

Howe and Gotts

Answer 1

says you cant use duress as a defence to murder or attempted murder.

Question 2

Vega

Answer 2

was threatened with death, so defence worked

Question 3

graham test

Answer 3

1. did D reasonably believe he had good cause to fear death or serious injury.
2. would a sober person of reasonable firmness, sharing Ds characteristics have responded in the same way.

Question 4

Bowen

Answer 4

decided the characteristics would be attributed: age, disability, pregnancy, mental disorder, sex/gender.

Question 5

Hasan

Answer 5

self induced- defence is not allowed when D voluntarily associated himself with others involved in criminal activity.

Question 6

sharp

Answer 6

self induced - cant use defence if D voluntarily joined a violent gang.

Question 7

shepherd

Answer 7

can use defence if joining a group that D didn’t think were violent, e.g shoplifting.

Question 8

willer

Answer 8

recognised duress of circumstance, had to escape a gang by driving on the pavement.

Question 9

martin

Answer 9

confirmed that the graham test would be used in duress by circumstance as well.