Cases

Question 1

Howe

Answer 1

Facts- D’s murdered 2 people after they were threatened with death

Ratio- Defence of murder not available to those who murder first degree, second degree or third party

Overruled R v Lynch and Gotts followed their ruling

Area- Duress not available for murder or attempted murder

Question 2

Gotts

Answer 2

Facts- 16yr old boy was threatened by his father to kill his mother. He stabbed his mother but she survived. D convicted of attempted murder

Ratio- Followed ruling in R v Howe

Area- Defence for duress can’t be used for murder or attempted murder

Question 3

Graham

Answer 3

Facts- D had been drinking and taking drugs when he and his homosexual partner killed his wife. D claimed he was under duress as his co-defendant was a violent man.

Ratio- He was charged with first degree murder. He appealed against the conviction on the basis that the trial judge applied a subjective test to the defence of duress.

Area- Whether a subjective test or objective test should be applied

Question 4

Baker and Ward

Answer 4

Facts- D’s were made to rob a shop which they were convicted of, as they were threatened by a drug dealer which they were indebted to

Ratio- A person cannot rely on the defense of duress if he has voluntarily and with full knowledge of its nature, joined a criminal group which he is aware might bring pressure on him of a violent kind

Area- Duress not available to gang members

Question 5

Ali

Answer 5

Facts- D sold his drugs for X, his dealer and became indebt to him. X forced him to commit a armed robbery

Ratio- One who is to voluntary associate himself with someone of known violence and criminal activity shall not be allowed the defence of duress

Area- Duress not available to members of violent gangs

Question 6

Hegarty

Answer 6

Facts- D committed a robbery and claimed duress in that he was under a grossly elevated neurotic state and was therefore susceptible to threats more than others

Ratio- Judge used a objective test and claimed that psychiatric is not to be ascribed to the ordinary person of reasonable firmness

Area- Person of reasonable fortitude

Question 7

Fitzpatrick

Answer 7

Facts- D was a member of the IRA who shot and killed a man during a robbery. He had tried to resign from the IRA when serious threats had been made against himself and his parents

Ratio- A person who joins an illegal organisation with criminal objectives and coercive methods cannot rely on the duress to which he has voluntarily exposed himself to

Area- Duress not available to gang members

Question 8

Lynch

Answer 8

Facts- D was an accessory to a murder in which he drove a car to a place under threats from an IRA gunman, M. D waited whilst M and his associates killed a policeman and then drove them away

Ratio- 3-2 majority in the HoL allowed the defence

Since been overruled by R v Howe

Area- Duress not available for attempted murder

Question 9

Singh

Answer 9

Facts- D was forced to have a arranged marriage

Ratio- To expose D’s adultery would not be sufficient grounds for duress

Area- Personal threats

Question 10

Willer

Answer 10

Facts- D was driving down a narrow country lane and was surrounded by a group of youths, shouting death threats, he mounted the curb and was charged with reckless driving

Ratio- Defence of duress should be available to defence of necessity because the defendant was wholly driven by force of circumstances into doing what he did and did not drive the car otherwise than under that form of compulsion

Question 11

Gill

Answer 11

Facts- D was threatened with violence unless he stole a lorry

Ratio- D can not rely on defence of duress if there is a period of safe avenue of escape

Area- Safe avenue of escape

Question 12

Valderamma-Vega

Answer 12

Facts- D was found with cocaine at customs and claimed he was threatened with his homosexuality being exposed and death to him and his family

Ratio- Threats to reveal his homosexuality alone would be insufficient to find the defence but could be taken into account when coupled with threats of serious personal violence.

Area- All the threats should be taken into account

Question 13

Wright

Answer 13

Facts- D was arrested with cocaine and said acted because boyfriend was threatened

Ratio- Person subject to threat beyond immediate family

Area- Personal threats

Question 14

Bowen

Answer 14

Facts- D with IQ of 56 obtained goods by deception of men who threatened to petrol bomb D and his family

Ratio- D’s IQ was not a relevant characteristic as not part of ability to resist pressure and threats

Area- Characteristics that can be ascribed to D

Question 15

Hudson and Taylor

Answer 15

Facts- Two teenage girls were charged with purgery after giving false evidence in court after serious threats of injury

Ratio- CoA quashed their conviction. They could have got police protection but this wasn’t realistic to the case

Area- Safe avenue of escape

Question 16

Abdul-Hussain

Answer 16

Facts- D;s hijacked a plane after fear of being deported by the government

Ratio- The execution of the threat may not be immediate

Area- Immediacy of threat

Question 17

Cole

Answer 17

Facts- D robbed several building society’s. He claimed money lenders had threatened to harm him if he did not repay the money he had borrowed

Ratio- This was a case of lack of casual between nexus between the threat and the commission of the offence, it raised the question of imminence

Area- Duress not available to D, who put himself in that situation

Question 18

Sharp

Answer 18

Facts- D joined a gang who carried out a series of armed robberies at sub-post offices. In the last of these robberies, the sub postmaster was shot and killed by X

Ratio- The defence was not available to a person who voluntarily and with knowledge of its nature join a criminal organisation or gang

Area- Duress not available to gang members

Question 19

Sheppard

Answer 19

Facts- D was a member of a gang of shoplifters. He and his family had been threatened with violence when he tried to give up

Ratio- While a person who joins a parliamentary organisation or a violent gang may be threatened the same is not necessarily true of every criminal enterprise

Area- Duress possibly available to gang members where the gang is non violent

Question 20

Health

Answer 20

Facts- D was charged with possessing cannabis with intent to supply. He argued duress that he was a heroin user and had become indebted to his own supplier who had threatened serious injury if he did not assist

Ratio- D had voluntarily placed himself in a situation where it was likely that he would be subjected to threats

Area- Defense of duress unavailable to gang members

Question 21

Hassan

Answer 21

Facts- H associated with a violent drug dealer and told to burgle a house and open the safe or he and his family would be harmed. D was convicted of aggravated burglary when he returned to the house armed with a knife and attempted to steal the contents of the safe

Ratio- The defendant may not rely on duress to which he has voluntarily laid himself open.

Area- Duress not available to gang members

Question 22

Wilson

Answer 22

Facts- D was 13 and his father threatened to harm him if he didn’t kill his mother

Ratio- Defence not available for murder/attempted murder

Question 23

Dao

Answer 23

Facts- Defendants were duped into attending a unit where they were locked in with the growth of cannabis

Ratio- Courts ‘strongly declined’ to accept that a threat of false imprisonment was sufficient for the defence of duress without an accompanying threat of death or serious injury

Area- The extent of the defence of duress; namely whether it extends to false imprisonment.

Question 24

Bradford

Answer 24

Facts- D was arrested for smuggling drugs for B and claimed she was scared for B’s saftey

Ratio- A threat can be conveyed indirectly

Area- Personal threats

Question 25

Coats

Answer 25

Facts- D was caught smuggling drugs at a airport on the way back from Jamaica

Ratio- Threats can be conveyed indirectly

Area- Personal threats

Question 26

MacGrowther

Answer 26

Facts- D was charged with taking part in a rebellion. He claimed the defence of duress, saying that the commander forced his taking part, threatening that if he did not, he would burn down all the houses in his town

Ratio- The threat relied on must be to cause threat or serious injury