duess by threats Flashcards
howie
D and others tortured, strangled and killed a man. D argued that he only took part because of threats to him. D was convicted as duress is not a defence to murder
gotts
D was 16 and was threatened with violence by his father unless he agreed to stab his mother. he attacked his mother but did not kill her. D was convicted as duress is not a defence to attempted murder
cole
a man borrowed money from a loan shark. the loan shark threatened him and his girlfriend with serious violence unless he repaid the money. he robbed serval building societies (type of bank) , in order to repay the money. he raised the defence of duress but it failed as the crime was not specified
valderrema-vega
D imported cocaine and claimed that he had done this due to death threats from a mafia style group, threats to disclose his sexuality and financial pressures. the death threat meant that the whole of the threats could be considered
graham
D was a homosexual who loved with his wife and another homosexual man , who was violent and bullied D. the man out wire around D’s wife neck and role D to pull it , which he did, killing his wife . the defence of duress did not succeed under the objective part of the 2 part test
bowen
D has a low IQ of 68 , and he stole goods because he had been threatened by 2 mean Wii said they would petrol bomb him and his family if he did not. the court held that his IQ was irrelevant
shayler
D was a former member of M15 , who supplied journalists with documents concerning national security He argued that he acted under duress and was protecting the welfare of the general public .the defence was not allowed , he could not identify Tory the action that was going to create imminent threats to life , nor identity potential victims or establish that he has responsibility for them
martin
D became hysterical and threatened suicide if D did not drive her son the work because he may loose his job. D was disqualified from driving, and was caught by the police. he was not found guilty due to duress
abdul -hussain
the defendants were shi’ite Muslims who fled Sudan from Iraq because of the risk of execution due to their religion. they feared they would be sent back to Iraq, so they hijacked a place , which landed in the uk. although the threat was not imminent , it was imminent as it was a constant threat hanging over them. *the defence of duress succeeded *
gill
D claimed that he had his wife had been threshed unless they stole a lorry. he could have raised the alarm and gone for help, but chose not to, so they could not rely on duress as he could have escaped
hasan
D associated with a violent drug dealer . the drug dealer told D to burgle a home in order to steal money from a safe , or D and his family would be harmed. *he was convicted of burglary and duress was not a defence (self Induced)
