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Criminal Law:Duress (General Defences) Exam Technique $6.48   Add to cart

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Criminal Law:Duress (General Defences) Exam Technique

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All of my law documents uploaded follow the AQA specification and are of A/A* quality. This document sets out the exam technique of how to write an answer for duress in a scenario. The exam technique I follow is IDEA (Identify the relevant issue, Define the relevant issue, Explain the law pertainin...

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  • June 21, 2023
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  • 2021/2022
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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.]

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