True: Duress cannot be used as a defence for murder., D is drinking alcohol in a pub and is threatened by a man with a knife to steal a bottle of vodka from the local supermarket. D commits the crime. D HAS the defence of duress., False: Duress can be used as a defence for attempt murder., The Subjective and Objective tests were laid down in Howe (1987)., The Subjective Test states - would a sober person of reasonable firms, sharing the characteristics of the accused, have responded in the same way?, Adam tells Steve that if he does not get him a Rolex then Steve will be shot in the head. Scared for his life, Steve attacks three people and steals money from them to buy a Rolex for Adam. Steve HAS the defence of duress., The threat of duress always has to be imminent for it to apply., D gets drunk and believes he has been threatened and subsequently commits a crime. D HAS the defence of duress.,
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A2 Law - Duress - true or false
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