Defence - Duress Flashcards
Define Duress
Understanding that faced with certain types of threat. individuals not be held culpable for committing crime.
They had no choice but to act the way they did.
Duress by threats or circumstances
Purpose of the defence of Duress
Defence must be able to show that at the time of the act there was an immediate fear of death or serious injury.
Circumstances were such that a person of reasonable firmness and D’s characteristics would respond the same way as D
Three cases where D drove in an extreme as under duress
Conway [1988]
Bell [1992] - alcohol
Davis;Pittaway [1994]
Two cases of Duress by circumstances
Pomell [1995]
Duress of circumstances same principles as duress by threats
Shayler [2001]
Treat two defences as one of the same
Leading case Duress by threats
Howe [1987]
D admits committing actus reus and mens rea of crime but did so because he was faced with immediate serious injury or death to him or someone close to him
Two cases of Duress by threats
Wright [2000]
Threat to immediate family or some D is responsible for
Hasan [2005]
Threat must be immediate
Who has the burden or proof in cases of Duress by threats
Burden on prosecution to prove D not acting under duress.
Must be morally innocent - not an excuse for criminal behaviour
Case where D committed perjury because of Duress by threat
Hudson v Taylor [1971]
Man who threatened sat in court
Two further cases of Duress by threat
Ortiz [1986]
Member of family
Sharp [1987]
If you join a gang knowing they undertake illegal activities
Two cases of Necessity
Re: A (Children)(Conjoined twins) [2000]
Only necessity can be a defence to murder or attempted murder
Bourne [1949]
Abortion not an offence - rape
