Duress
founded as a defence by R v Graham [1982]
general defence
2 elements of the defence - subjective and objective test
applies as a defence where a person commits a crime as a response to a threat of death or serious injury
cannot be used as a defence for murder, attempted mnurder
if pleaded sucsessfully, it absolves the D of liability
takes 2 forms
duresss by circumstance
duress by threats
duress by threat
D is ordered to commit an offence while being subjected to threats of immediate death or vileness which overbears the ordinary powers of human resistance
duress by circumstance
not a person that provides a threat to the D but the nature of the situation.
no requirement for person to specify to D that a crime must be committed
must be a link between the situation and the crime
Would a reasonable person sharing the D's characteristics acted in the same way?
Might the D have been induced to act in a way they did as they feared death or serious injury?
for a successful defence there must be
D not missed an opportunity to escape without causing a crime
immediate need
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D can use defence when they acted on behalf of someone they had responsibility for
threat faced by D must overbear the ordinary powers of human resistance
includes family members
can't use defence in treason cases
can't use defence where D joins a violent gang by their own free will or becomes a drug dealer
can't use defence in cases where D had an opportunity to take evasive action, as then the act wouldn't be imminent