DURESS

Question 1

What is duress?

Answer 1

When D is forced to commit a crime by another.
As a defence, it is a ‘necessity defence’. Cannot be used for murder & attempted murder.

Question 2

What two-part test is used?

Answer 2

Graham test
Was D compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death? - subjective
If so, would the sober person of reasonable firmness, sharing the characteristics of D have responded in the same way? - objective

Question 3

Name the 5 elements of the duress defence

Answer 3

1. Threat of death or serious violence
2. Threat to carry out a specific offence
3. Was the threat immediate? Was there a safe avenue of escape? Was it operating on D’s mind? (Did D have a choice)
4. Characteristics of D
5. Is the duress self-induced?

Question 4

Element 1

Answer 4

D genuinely believes there’s athreat of death or serious violence. D threatened with death/serious injury of self, family member (Martin), close friend (Conway) or possibly a passer-by.
Must be serious threat - lesser threats wont suffice

Question 5

Element 2

Answer 5

D must be told to commit a specific offence to be able to use the defence - Cole

Question 6

Element 3

Answer 6

Was the threat immediate? (Did D have a choice)
Doesn’t mean offence needs to be carried out immediately but should be hanging over D at the time of carrying out the offence (Abdul-Hussain)
There must be no safe avenue of escape (Gill)

Question 7

Element 4

Answer 7

What are the characteristics of the D? Take into account factors that make D less likely to withstand pressure and threats e.g. age, gender, health, disability, pregnancy
Bowen - ignore low IQ

Question 8

Element 5

Answer 8

Is this self-induced duress? - gangs/criminals
Sharp - If gang/criminally-affiliated, D should know they may be put pressure on to commit crimes therefore no defence
Shepherd - defence may be allowed if gang is not known to be violent

This has always been the issue in AQA EQs