Defense of duress (special study) Flashcards
R v Howe
Facts: Defendants murdered two people after they were threatened to death by Murray.
Ratio: Defense of duress not available to those who murder first degree, second degree or third party.
Synoptic: Overruled the case of R v lynch- defense of duress available to those who are a party to the killing but not the first degree. Gotts followed orbiter.
R v Howe
Facts: Defendants murdered two people after they were threatened to death by Murray.
Ratio: Defense of duress not available to those who murder first degree, second degree or third party.
Synoptic: Overruled the case of R v lynch- defense of duress available to those who are a party to the killing but not the first degree. Gotts followed orbiter.
Area: Duress not available in murder or attempt
R v Gotts 1992
Facts: 16 year old boy threaterned by his father to kill his mother or he would shoot him. Mother survived serious injuries and defendant convicted of attempted murder.
Ratio: Followed the ruling in R v Howe- held that the defense of duress was not available for attempted murder.
Synpotic: Followed R v Howe orbiter
Area: Duress not available in murder or attempted murder]
R v Graham
Facts: Defendant lived in a flat with his wife and homosexual partner ‘king’. After intoxication king threatened D to help kill his wife. D claimed intoxication and anxiety saying he was more vulnerable to threats.
Ratio: he fact that a defendant’s will to resist has been eroded by the voluntary consumption of drink or drugs or both is not to be taken into account.
Area: Duress the model direction
1) did D act out of fear of king in killing or seriously injuring D
2) objective test
Baker and Ward
Facts: Defendants 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 was aware might bring pressure on him of a violent kind.
Area: Duress not available to gang members
Ali 1995
Facts: The defendant sold drugs for X his dealer and became indebt with him, X forced him to commit and armed robbery.
Ratio: One who is to voluntarily associate himself with someone of known violence and criminal activity shall not be allowed the defense of duress.
Area: Duress not available to members of violent gangs
Hegarty 1994
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
Fitzpatrick
Facts: D was a member of the IRA who shot and killed a man during a robbery. He had taken part unwillingly. When he had tried to resign from the IRA 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
Area: Duress not available to gang members
Lynch
Facts: D was an accessory to murder in that he drove a car to a place under threats from an IRA gunman M. D waited while M and his associates killed a policeman, and then drove them away.
Ratio: 3-2 majority in the house of lords allowed the defence
synoptic: Since been overulled by R v Howe
Area: Duress not available for attempted murder
Singh 1972
facts: d was forced to have an arranged marriage
Ratio: To expose D’s adultery would not be sufficient grounds for duress to succeed.
Area: personal threats
willer 1986
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 of reckless driving
Ratio: Defense 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
Gill 1963
Facts: D was threatened to violence unless he stole a lorry
Ratio: D can not rely on defense of duress if there is a period of safe avenue of escape
Area: safe avenue of escape
Valderama Vaga
Facts: D was found with cocaine at customs and claimed he was threatened of homosexuality, death and injury to family.
Ratio: Homosexuality/disclosure of can be taken into account when coupes with other threats
wright 2000
Fact: Defendant was arrested with cocaine and said acted because boyfriend threatened. Ratio: Person subject to threat extended beyond immediate family. Area: Personal threats
Bowen 1996
Facts: Defendant, with IQ f 56, obtained goods by deception for men who threatened to peronl bomb defendant and his family Ratio: Defendants IQ was not relevant characteristic as not part of ability to resist pressure and threats.
Hudson and Taylor
Fact: Two teenage girls were charged of purgery when they gave false evidence after threats of serious injury Ratio: Court of appeal quashed their conviction. They could of have police protection but it wasn't realistic for this case area: Safe avenue of escape
Abdul Hussain
Facts: Defendants hijacked a plane after fear of being deported by the government
ratio: The execution of the threat need not be immediate.
area: Immediacy/Imminence
Cole
facts: D robbed several building societies. He claimed moneylenders had threatened to harm him and his girlfriend if he did not repay it money he had borrowed.
Ratio: This was a case of lack of causal nexus between the threat and the commission of the offence. It raised the question of imminence
area: Duress not available to D who puts himself in his position
Sharp
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 of duress was not available to a person who voluntarily and with knowledge of its nature joined a criminal organisation or gang
Area: Duress not available to gang members]
Sheppard
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
Health 2000
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
Hassan
Facts: H associated with violent drug dealer
and told to burgle house and open safe
or he and family harmed. H entered
house with knife but could not open safe
Ratio: 1) not available to those who foresaw the risk 2) voluntarily association 3) Immanency is rejected
Wilson
Facts: Defendant was aged 13 and father caused him of mother’s murder. Defendant said he was scared to disobey father. Ratio: Defense of duress not allowed for murder/ attempted murder
Dao
Facts: Defendants were duped into attending a unit where they were locked in with the growth of cannabis
Ratio: courts “strongly disinclined” to accept that a threat of false imprisonment suffices for the defence of duress, without an accompanying threat of death or serious injury.
Re A
Facts: Twins were conjoined and forced to separate or one would die
ratio: It should be put forward to the doctors of choosing the lesser of two evils
Brandford
Facts: Defendant was arrested for smuggling drugs for B and claimed she was scared for B’s safety
Ratio :a threat can be conveyed indirectly
Area:personal threats
Coats
Facts: D was caught smuggling drugs at an airport on her way back from Jamaica and claimed she was pressured
Ratio: battered women’s syndrome may be taken into account
Characteristics test area
