duress Flashcards
What is duress?
A general defence that can be used when D has committed the offence because D or someone D was responsible for had been threatened with death or serious injury. It must also be shown that what D did was reasonable in response to the threat.
Which crimes does duress apply to?
All crimes apart from murder (R v Howe) and attempted murder (R v Gotts).
What are the 2 types of duress?
-Through a direct threat by another
-Through circumstances
Which case confirmed that the threat must be of death or serious injury (where it is duress by threats)?
Valderrama-Vega
Who is included in people D is responsible for?
D’s family, friends, an identified stranger (if the situation makes D responsible for them).
Which case sets out the 2 part test for if D acted reasonably?
Graham
What is the test to determine if D acted reasonably?
-Was D compelled to act as he did because he reasonably believed he and good cause to fear serious injury or death?
-If so, would a sober person of reasonable firmness, sharing D’s characteristics have responded in the same way?
What kind of Ds are likely to unreasonably believe a threat will be carried out?
People with mental disorders like paranoia or autism.
Which of D’s characteristics can be attributed to the sober person of reasonable firmness?
Bowen
-Age
-Pregnancy
-Serious physical disability
-Mental disorder (NOT low IQ)
-Sex
What do the characteristics that can be considered have in common?
They all make D more vulnerable and therefore more likely to react in an extreme way. Despite this, they may still be able to use the defence because a sober person of reasonable firmness sharing D’s characteristics may well have acted in the same way.
Which factors can be considered to determine if D acted reasonably?
-Is there a connection between what D did and what the duress or told D to do, or did D go beyond what he had to do?
-Is there a safe avenue of escape, in other words, did D have the chance to safely get away or call for help?
-Is the threat on D’s mind when he commits the crime or is there some other reason he commits the crime?
What is self induced duress?
Where though his own actions, D puts himself in a situation where he knows he may be threatened with violence unless he commits crimes. D can’t use the defence in these cases. This may include being a member of a violent gang or owing money to a loan shark or drug dealer.
What did the case of Hasan say about self induced duress?
Duress is not allowed where D voluntarily associates with others involved in criminal activity and he foresaw or ought reasonably to have foreseen the risk of being subjected to threats of violence.
What is duress of circumstances?
Where D is forced to act because of the surrounding circumstances rather than a specific threat. This was first recognised in the case of Willer.
Which case confirmed that the same 2 stage test from Graham should be used for duress by circumstances?
Martin
