Defence - Duress By Threats

Question 1

What are the requirements of the defence of duress by threats?

Answer 1

(1) threats of death or serious injury
(2) link between threat and offence committed
(3) objective Graham test for reasonable belief and steadfastness

Question 2

Which case established that duress could be a defence if the will of the individual is overborne with threats of death or serious injury?

Answer 2

Hudson and Taylor [1971]

Question 3

Which case established that threats of death/serious injury need not be the sole cause of the action provided they are operative (e.g. But for the death threats D would not have acted in such a way)?

Answer 3

Valderrama-Vega [1985]

Question 4

Which case established that the offence to be committed must be specified by the person making the threat?

Answer 4

Cole (1986)

Question 5

What is the Graham (1982) objective test?

Answer 5

(1) D must reasonably believe that he has cause to fear death/serious injury
(2) D required to have reasonable steadfastness in relation to threat

Question 6

What were the characteristics identified in Bowen [1996] that were relevant to assessing reasonable steadfastness of D?

Answer 6

• age
• sex
• pregnancy
• serious physical disability
• recognised mental illness/psychiatric conditions

Question 7

What factors considered in Bowen [1996] were held to not be relevant to assessing reasonable steadfastness?

Answer 7

• low IQ

- homosexuality

Question 8

Which case established that ‘threats were no less powerful because they were not immediately effective’? Case held that Ds were only required to take reasonable opportunity to escape?

Answer 8

Hudson and Taylor [1971]

Question 9

Which case held that duress by threats could not be a defence where a person voluntarily joined a gang, knowing of its nature for an active member?

Answer 9

Sharp [1987]

Question 10

Which case established that a D who joined a gang with no knowledge of its propensity for violence could rely on duress by threats as a defence?

Answer 10

Shepherd (1988)

Question 11

Which case established that when D puts himself in position where will encounter criminals with tendency to violence (e.g. Buying drugs) will not be able to rely on duress by threats? Established that relevant question is whether a reasonable person would realise that joining would expose oneself to the risk.

Answer 11

Hasan [2005]

Question 12

Which case confirmed that duress by threat is not an available defence for murder?

Answer 12

Howe [1987]

Question 13

Which case established that duress by threats is not a defence to attempted murder?

Answer 13

Gotts [1992]