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Duress (Duress of circumstance (external circumstances, Willer (1986) (D…
Duress
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Hasan(2005)
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Facts: D , a prostitute driver was involved with a drug dealer who was a BF of the prostitute. Drug dealer threatened him to burgle a house or his family will be harmed.
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Graham Test
1) Was the D forced to act as he did due to fear of serious personal injury or death to him or someone he is responsible for?
subjective ''immediacy''
was the threat imminent
hudson and taylor
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2 teenagers convicted of purgery , the threat could not be carried out there and then . one of the gang members posed threat to the girls
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2) Would a sober person of reasonable firmness with D's characteristics have reacted to the situation by behaving as the D did?
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characteristics
accepted
Psychiatric
bowen
age , pregnancy and physical disability
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can be used as a defense to all crimes except murder, attempted murder and treason
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The defense of Duress is available where a person commits a crime because they were acting under a threat of death or serious personal injury to themselves or another.