DURESS

Question 1

Valderamma-Vega

Answer 1

There must be a threat of death or serious injury

Question 2

Graham

Answer 2

1. Was D compelled to act because he had a reasonable belief that serious violence would be used if he did not act?
2. Would a sober person of reasonable firmness sharing D’s
   characteristics have responded in a similar way to D?
   (consider factors such as how close the connection was between the crime and what D was told to do; if there were options other than committing the crime; and if the motivation was the threat or something else)

Question 3

Hasan

Answer 3

Self-induced duress is when D ought to have foreseen that violence could be threatened against him, in which case he has no defence.

Question 4

R v Martin

Answer 4

Duress by circumstances still uses the Graham test