Comment on the law of duress

Question 1

Which case decided that duress is not available on a charge of murder?

Answer 1

Howe 1987

Question 2

Which Lord dismissed examples in the case of Howe such as where a woman motorist is hijacked and forced to act as a getaway driver as he believed it was inconceivable that such a person would be prosecuted which is a problem because they could be?

Answer 2

Griffiths

Question 3

What is an example of when a mother would not be eligible for the defence of murder?

Answer 3

if a mother was threatened to help terrorists plant a bomb or they would kill her two children

Question 4

What did Lord Hailsham say in the case of Howe regarding heroism?

Answer 4

that the ordinary person should be capable of heroism if he is asked to take an innocent life rather than sacrifice his own

Question 5

Which case demonstrated that the age/susceptibility of a defendant to duress is also ignored?

Answer 5

Wilson

Question 6

What happened in the case of Wilson?

Answer 6

D was a 13 year old boy who was convicted of murder when he helped his father in the murder of his mother. The COA did accept that there might be grounds for criticising the principle of law which does not allow the defence to a 13 year old boy

Question 7

Why is there an abnormality in the law in regards to s.18 GBH offence?

Answer 7

as under this law, the mens rea of intention to cause GBH can be the same as for murder yet the defendant could get the defence of duress

Question 8

What is the problem with sentencing murder when the defence of duress is unavailable?

Answer 8

this is a problem because the judge has to send the defendant to prison for life and cannot take into account the duress or circumstances

Question 9

When does the judge have discretion in sentencing when the defence of duress is unavailable?

Answer 9

in attempted murder.

Question 10

What case is an example of when the judge placed the defendant on probation for attempted murder?

Answer 10

R v Gotts

Question 11

Which report proposed that the defence of duress should be available for all crimes?

Answer 11

The Law Commission, Legislating the Criminal Code:Offences Against the Person and General Principles 1993

Question 12

What did the Law Commission, Legislating the Criminal Code: Offences Against the Person and General Principles 1993, propose?

Answer 12

that the defence of duress should be available for all crimes

Question 13

Which 2006 report prrposed that defence of duress should be allowed for murder?

Answer 13

Murder Manslaughter and Infanticide -Law Commission

Question 14

What did the COA refuse to allow for the defence of duress in the case of Bowen?

Answer 14

the fact that D had a very low IQ

Question 15

Why should the COA have allowed the fact that D had a low IQ in Bowen to be a reason for the defence of duress?

Answer 15

as this means that the person actually failed to understand the true nature of the matter

Question 16

Which case did the COA accept that police protection could not be completely fool-proof?

Answer 16

Hudson and Taylor

Question 17

What case called into question the decision in Hudson and Taylor which had allowed the defence of duress even when the defendant could have went to the police, but feared the consequences?

Answer 17

Hasan

Question 18

Why is the law uncertain as to whether or not the defence of duress is available even when the defendant could have went to the police, but feared the consequences?

Answer 18

as the decision in Hudson and Taylor and then Hasan is uncertain