State the first limb of the Graham test.

The defendant must have been compelled to act because of a reasonable belief that death or serious injury would follow. The threat must have caused the defendant to act as charged.

State the second limb of the Graham test.

A sober person of reasonable firmness sharing the defendant's characteristics must have responded in the same way. The second limb is objective.

Which characteristics may be attributed to the reasonable person?

R v Bowen [1996] allowed age, sex, pregnancy, serious physical disability and a recognised psychiatric condition. Low intelligence and mere timidity were excluded.

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Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

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Criminal Law: Necessity Defences and Preliminary OffencesCriminal

Topic overview Mistake as a defence Self-defence and the prevention of crime Reasonable force and householder cases Duress by threats and the Graham test Limits on duress: murder, association and evasive action Duress of circumstances Necessity Consent Attempt: the actus reus and more than merely preparatory Attempt: mens rea and impossible attempts

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Criminal Law: Necessity Defences and Preliminary Offences

Duress by threats and the Graham test

3 things to know
Components 2 and 3

Overview

Defence of duress by threats, first limb of the Graham test and second limb of the Graham test.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What is the defence of duress by threats?

Key term

Is duress a justification or an excuse?

Numbers

Which case sets out the test for duress?

Questions from this subtopic

Each one with the model answer underneath.

1
What is the defence of duress by threats?
Model answer
Duress by threats applies where the defendant commits an offence because of a threat of death or serious injury. The defendant's will is overborne by the threat.
2
Is duress a justification or an excuse?
Model answer
Duress operates as an excuse rather than a justification. The law accepts that the defendant should not be blamed although the act itself remains wrong.
3
Which case sets out the test for duress?
Model answer
R v Graham [1982] set out the two-part test for duress. The House of Lords approved the test in R v Howe [1987].
4
State the first limb of the Graham test.
Model answer
The defendant must have been compelled to act because of a reasonable belief that death or serious injury would follow. The threat must have caused the defendant to act as charged.
5
State the second limb of the Graham test.
Model answer
A sober person of reasonable firmness sharing the defendant's characteristics must have responded in the same way. The second limb is objective.
6
Which characteristics may be attributed to the reasonable person?
Model answer
R v Bowen [1996] allowed age, sex, pregnancy, serious physical disability and a recognised psychiatric condition. Low intelligence and mere timidity were excluded.

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