What kind of defence is duress?
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Terms in this set (25)
Threat needs to be immediate case.R v GillWhat did the House of Lords state in R v Hasan?"The threat had to be immediate or almost immediate"Since R v Hasan which previous cases would probably have failed to get the defence of duress?R v Hudson and Taylor R v Abdul-HussainDoes it matter if there was not an actual threat?It doesn't, as long as the D honestly thought that there was an imminent threat.Under R v Hasan what must the mistake of threat be?Honest and reasonable.What is self-induced duress?Duress as a defence is not available if the D has voluntarily associated with criminals, should have reasonably foreseen that they might be forced to commit a crime under the threat of violence.What will the court take into account during the objective second part of the Graham test? (which is that a sober person of reasonable firmness would do the same as the d)The court will take into account the D's characteristicsDefendant's characteristics caseR v Bowen - low IQDuress by circumstances requires what from the defendant's mindset?Fear of imminent death or serious injuryDuress by circumstances case for fear of imminent death/injuryR v Baker and WilkinsWhat is duress by circumstances mainly used for?For driving offences where D felt forced to commit a driving offence due to circumstances, they had found themselves in rather than because they had been threatened.What has the defence of duress by circumstances been extended to?Possession of a firearm, or hijacking.Case of possession of a firearm for duress by circumstances.R v PommellCase of hijacking for duress by circumstancesR v Abdul-HussainDriving offences casesR v Conway, R v Martin