Duress by Threats (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Type of defence: duress by threats
Type of defence: duress by threats
Common law defence
Duress available for murder?
Duress available for murder?
No - R v Howe (1987)
Duress available for attempted murder?
Duress available for attempted murder?
No - R v Gotts (1992)
Graham test Part 1
Graham test Part 1
Did D reasonably believe they faced death/serious injury?
Graham test Part 2
Graham test Part 2
Would reasonable person with D's traits act the same way?
Valid threats for duress
Valid threats for duress
Death or serious injury only
Relevant characteristics (reasonable person test)
Relevant characteristics (reasonable person test)
Age, gender, pregnancy, disability, mental illness
Low IQ relevant? (R v Bowen 1996)
Low IQ relevant? (R v Bowen 1996)
No
Nexus requirement (R v Cole)
Nexus requirement (R v Cole)
Link between threat and crime committed
Self-induced duress
Self-induced duress
Fails if voluntary association with violent criminals