Duress

What are 2 Types of Duress?

1. Duress by threats
2. Duress by circumstances

What is the Graham Test?

1. Was D forced to act as he did because he feared death/serious physical injury?
2. Would a sober and reasonable person sharing same characteristics as D act in the same way?

R v Valderrama-Vega

Harm threatened must be of death of serious physical injury

R v Hansom

Threat must be directed towards D

R v Gill

Defence only allowed where there is no safe escape

R v Hasan (mistaken belief)

If D believes there’s a threat defence is allowed but mistaken belief must be honest and reasonable

R v Bowen

Characteristics of D in objective test include: age, gender, pregnancy, mental disorder, physical disability

R v Hasan (self-induced)

If duress is self-induced, can’t have defence