Duress Exam Technique
Duress By Threats (IDEA) Structure
I However, the defendant may be able to use the defence of duress.
D Duress by threats is when D is forced to commit a crime against their
will.
E R v Valderrama-Vega (1985) states this threat must be of serious harm
or death.
E [R v Martin (1989) states these threats can be made against D’s family.]
[Additional
Legal [R v Conway (1988) states these threats can be made against D’s
Issues] friends.]
A In this case… (Apply to case).
E The Graham Test asks two questions: was the defendant compelled to
act as he did because he reasonably believed he had good cause to fear
serious injury or death and if so, would a sober person of reasonable
firmness, sharing the characteristics of the accused, have responded in
the same way?
A In this case… (Apply to case).
E R v Cole (1994) states the defendant should be instructed to commit a
specific crime.
E [R v Howe 1987 states duress by threats can’t be used as a defence to
[Additional murder.]
Legal
Issues] [R v Gotts 1992 states duress by threats can’t be used as a defence to
attempted murder.]
A In this case… (Apply to case).
Duress By Circumstance (IDEA Structure)
I However, the defendant may be able to use the defence of duress.
D Duress by circumstance is when D is forced to commit a crime against
their will.
E R v Valderrama-Vega (1985) states this threat must be of serious harm
or threat.
E [R v Martin 1989 states these threats can be made against D’s family.]
Duress By Threats (IDEA) Structure
I However, the defendant may be able to use the defence of duress.
D Duress by threats is when D is forced to commit a crime against their
will.
E R v Valderrama-Vega (1985) states this threat must be of serious harm
or death.
E [R v Martin (1989) states these threats can be made against D’s family.]
[Additional
Legal [R v Conway (1988) states these threats can be made against D’s
Issues] friends.]
A In this case… (Apply to case).
E The Graham Test asks two questions: was the defendant compelled to
act as he did because he reasonably believed he had good cause to fear
serious injury or death and if so, would a sober person of reasonable
firmness, sharing the characteristics of the accused, have responded in
the same way?
A In this case… (Apply to case).
E R v Cole (1994) states the defendant should be instructed to commit a
specific crime.
E [R v Howe 1987 states duress by threats can’t be used as a defence to
[Additional murder.]
Legal
Issues] [R v Gotts 1992 states duress by threats can’t be used as a defence to
attempted murder.]
A In this case… (Apply to case).
Duress By Circumstance (IDEA Structure)
I However, the defendant may be able to use the defence of duress.
D Duress by circumstance is when D is forced to commit a crime against
their will.
E R v Valderrama-Vega (1985) states this threat must be of serious harm
or threat.
E [R v Martin 1989 states these threats can be made against D’s family.]
