1B - Duress And Necessity

Question 1

What does duress by threats mean?

Answer 1

D was themselves threatened

Question 2

What does duress by circumstances mean?

Answer 2

D forced to commit offence due to the circumstances he finds himself in

Question 3

What does necessity mean?

Answer 3

D felt it was necessary

Question 4

Duress by threats: threatened with death or serious injury

Answer 4

Volderrana-Vega

Question 5

Duress by threats: not available for murder

Answer 5

Howe
Wilson

Question 6

Duress by threats: not available for attempted murder

Answer 6

Gotts

Question 7

Duress by threats: the seriousness of the threat can be cumulative

Answer 7

Volderrana-Vega

Question 8

Duress by threats: The threat of death/serious injury can be against?

Answer 8

• D
• His partner
• Immediate family

Question 9

Duress by threats: 2 Stage Test

Answer 9

Graham
Followed by Martin DP - can take into account any characteristics that may make D more susceptible to fear threats

Question 10

Duress by threats: What does Bowen show in relation to the 2 stage test?

Answer 10

accepted the following can be used in the second stage of the test

• age
• pregnancy
• recognised mental illness
• gender

Question 11

Duress by threats: No safe avenue of escape

Answer 11

Gill
Hudson and Taylor

Question 12

Duress by threats: Cole

Answer 12

The threat MUST be to commit the specific offence committed

Question 13

Duress by threats: cannot be self-induced duress

Answer 13

Sharp
Shepherd
Hasan

Question 14

Duress of circumstances: due to their surrounding circumstances

Answer 14

Willer
Conway
Martin

Question 15

Duress by circumstances: same two stage test as Graham

Answer 15

Martin

Question 16

Duress by circumstances: not just for driving offences

Answer 16

Pommell

Question 17

Duress by circumstances: available for all offences except

Answer 17

• murder
• attempted murder
  Pommell

Question 18

Duress by circumstances: sufficient that D reasonably perceived a threat of physical injury or death

Answer 18

Cairns

Question 19

Duress by circumstances: Abdul Hussain

Answer 19

Defence is allowed even if its not the specific offence

Question 20

Necessity: D forced to commit offence to prevent a worse evil occuring

Answer 20

Dudley and Stevens

Question 21

Necessity: Civil cases

Answer 21

Re F (medical patient: sterilisation) 
Re A (conjoined twins)

Question 22

Duress of circumstances v necessity

Answer 22

circumstances: D forced to commit the offence due to the circumstances he finds himself in
necessity: D forced to commit offence to prevent a worse evil from happening

Question 23

Necessity = duress of circumstances

Answer 23

Shayler

Question 24

Duress of threats: Howe

Answer 24

Duress is not a defence for murder

Question 25

Duress of threats: Wilson

Answer 25

Duress can not be a defence to murder applies even where the D is young and less able to resist pressure

Question 26

Duress of threats: Gotts

Answer 26

Duress is not a defence for attempted murder

Question 27

Duress of threats: Valderrama-Vega

Answer 27

CoA said jury was entitled to look at the cumulative effects of all the threats but if none of the threats are a threat of death or serious injury then it's not allowed

Question 28

Duress of threats: Graham

Answer 28

1. Was the D compelled to act as they did because they reasonably believed they had good cause to fear serious injury/death? 2. If so, would a sober and reasonable person of reasonable firmness with the same characteristics of D have responded in the same way?

Question 29

Duress of threats: Martin (DP)

Answer 29

Duress and self defence should be treated in the same way regarding belief in circumstances

Question 30

Duress of threats: Bowen

Answer 30

Low IQ cannot be taken into account in the second stage of the Graham test

Question 31

Duress of threats: Gill

Answer 31

If there is a safe avenue of escape, duress is not available

Question 32

Duress of threats: Hudson-Taylor

Answer 32

Police protection may not be effective in deciding if going to the police was realistic the jury should consider age and the circumstances of threats and risks associated

Question 33

Duress of threats: Abdul-Hussain

Answer 33

The threat need not be immediate but it had to be imminent in the sense that it was hanging over them

Question 34

Duress of threats: Cole

Answer 34

Must be threatened to commit the specific offence

Question 35

Duress of threats: Sharp

Answer 35

Defence failed as D joined a violent gang knowingly

Question 36

Duress of threats: Shepherd

Answer 36

Defence was allowed because when he joined the gang he had no knowledge that they would use violence

Question 37

Duress of threats: Hasan

Answer 37

Defence of duress is excluded where D voluntarily associates with others engaged in criminal activities and ought to have foreseen the risk of being subjected to threats of violence

Question 38

Duress by circumstances: Willer

Answer 38

Defence was allowed as D was compelled to do as he did, as he was under duress in those circumstances

Question 39

Duress by circumstances: Conway

Answer 39

Defence of duress is available if on an objective standpoint, the D was acting in order to avoid the threat of death or serious injury

Question 40

Duress by circumstances: Martin

Answer 40

The Graham test for duress of threats also applies to the duress of circumstances

Question 41

Duress by circumstances: Pommell

Answer 41

Duress of circumstances is available to all offences except murder, attempted murder and treason

Question 42

Duress by circumstances: Cairns

Answer 42

It does not have to be an actual or real threat, as long as D perceives a threat of death/serious injury

Question 43

Necessity: Dudley and Stephens

Answer 43

Necessity is not available as a defence to murder

Question 44

Necessity: Re F (mental patient: sterilisation)

Answer 44

It's lawful for Doctors on the grounds of necessity to operate on or give other medical treatment to adult patients disabled from giving consent

Question 45

Necessity: Re A (conjoined twins)

Answer 45

Necessity is available if its to save a life meaning its a possible defence to murder

Question 46

Necessity: Shayler

Answer 46

CoA discussed defences of duress and necessity and held that duress of circumstances and necessity were in effect the same