What is the ratio in R v Graham?

The ratio establishes a two-stage test for duress: subjective belief in threat of death/serious injury, and objective test of whether a reasonable person would have responded similarly.

What did the court decide in R v Graham?

The court established the definitive test for duress defence while dismissing Graham's appeal, clarifying both subjective and objective elements required.

Why is R v Graham important for criminal law?

It provides the fundamental test for duress that courts still apply today, balancing defendants' subjective fears with objective standards of reasonable conduct.

What is the ratio in R v Graham?

The ratio establishes a two-stage test for duress: subjective belief in threat of death/serious injury, and objective test of whether a reasonable person would have responded similarly.

What did the court decide in R v Graham?

The court established the definitive test for duress defence while dismissing Graham's appeal, clarifying both subjective and objective elements required.

Why is R v Graham important for criminal law?

It provides the fundamental test for duress that courts still apply today, balancing defendants' subjective fears with objective standards of reasonable conduct.

Criminal1 min read

R v Graham

[1982] 1 WLR 294Court of Appeal1982

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“Court of Appeal establishes definitive two-stage test for duress defence”

Facts

Graham was charged with aiding and abetting murder after he helped kill his wife while acting under threats from his homosexual lover, King. Graham claimed he acted under duress due to threats of death or serious harm from King if he did not participate.

Issues

What is the proper test to be applied when considering the defence of duress in criminal law?

Held

The Court of Appeal established a two-stage test for duress: (1) was the defendant compelled to act as he did because he reasonably believed he had good cause to fear death or serious physical injury? (2) would a sober person of reasonable firmness, sharing the defendant's characteristics, have responded in the same way?

Significance

This case established the authoritative test for duress that remains the cornerstone of this defence in English criminal law. The Graham test has been consistently applied by courts and provides crucial guidance on balancing individual circumstances with objective standards.

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OSCOLA Citation

R v Graham [1982] 1 WLR 294 (CA)

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