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Criminal Defences

Duress and Its Limits

  • 3 things to know
  • Paper 1

Overview

Recall questions on the Graham test for duress by threats, the characteristics allowed under Bowen, the threat and its immediacy, why duress cannot excuse murder, voluntary association, duress of circumstances and necessity.

What you need to know

Answer each one before you reveal it.

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Key term

What characteristics may be relevant to the second limb of duress according to Bowen?

Key term

When will voluntary association with criminals prevent a defendant from relying on duress?

Key term

For how long does the defence of duress of circumstances apply?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is duress by threats?

    Model answer

    A complete defence (except to murder and attempted murder) where the defendant commits an offence because they were threatened with death or serious injury to themselves or another if they did not commit the crime.

  2. 2

    What is the first part of the Graham test for duress by threats?

    Model answer

    The defendant must have reasonably believed that a threat of death or serious injury existed.

  3. 3

    Explain why the first limb of the Graham test is described as partly subjective and partly objective.

    Model answer

    It is partly subjective because it asks whether the defendant believed the threat existed, and partly objective because it asks whether that belief was reasonable.

  4. 4

    How is the second limb of the Graham test assessed?

    Model answer

    Objectively—would a reasonable person of reasonable firmness have acted as the defendant did.

  5. 5

    What characteristics may be relevant to the second limb of duress according to Bowen?

    Model answer

    Age, pregnancy, serious physical disability, and recognised mental illness or psychiatric condition, but not self-induced vulnerability such as drug addiction.

  6. 6

    At whom must the threat in duress be directed?

    Model answer

    At the defendant, their immediate family, or someone close to them, though the courts have interpreted this broadly.

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