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Duress by threats (Must be (Death or serious injury Valderamma-Vega (Could…
Duress by threats
Must be
Death or serious injury
Valderamma-Vega
Could be alongside other threats but must include death and serious injury
Immediate or almost immediate
Hasan
Nominated crime
Cole
Not have an opportunity to escape or call the police
A plea that the D was forced by threats of death or serious injury to commit a crime
If successful results in an acquittal
Available for all crimes but murder and attempted murder
Howe
Voluntary association with criminals with violent tendencies
If the D foresaw or should have foresaw that they could be subjected to threats to commit any offence the defence will fail
Hasan
However the court are likely to be more lenient if the D has left the group
Shepherd
The leading case is
Graham
Explained that the defence has two elements
The D was forced to commit a crime because of threats arising out of things said or done of death or serious injury to him, his family or close friend
This is the subjective element
AND
That a sober person of reasonable firmness - sharing the same characteristics - would have acted in the same way
This is the objective element