Main elements of duress by threats?
Threat or serious injury; target; connection; safe avenue of escape; imminence of threat; self induced
What case shows that a threat can be made up of an accumulation of more minor threats?
What can the target be? Case?
Shayler- has be D or someone he's responsible for
What is the first part of the Graham test?
1. Was D compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death?
What does Hasan clarify?
A cowardly, timid person would not reasonably do this
Part two of the Graham test?
2. If so, would a sober person of reasonable firmness, sharing D's characteristics, have responded in the same way?
Who is D compared to? Case?
Horne- average member of the public, not a coward
What does Bowen state is taken into consideration?
D's age; sex; pregnancy; mental disorder; serious physical injury (not just low IQ)
Can D use the defence even if he had a safe avenue of escape? Case?
What is the meaning of 'imminent'? Case?
Abdul-Hussain "threat must operate on D's mind at the time of committing the act so as to overbear his will"
What does Hasan clarify about self-induced duress?
"The defence is not allowed where D voluntarily associates with others involved in criminal activity and he foresaw or ought reasonably to have foreseen risk of being subjected to threats of violence"
What prohibited D from using the defence in Sharp?
Voluntarily joined the violent gang
In which case could D not have foreseen a risk of threats of violence? Why?
Shepherd- shoplifting doesn't involve violence
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