Duress

Question 1

Exception of Duress

Answer 1

1. Murder - r v Howe (ordinary man should be capable of heroism)
2. Attempted murder - (R v Gotts)
3. accomplice to murder- R v Wilson : even if D is young, weak or vulnerable

Question 2

Duress by threats - requirements

Answer 2

1. Threat of death or serious injury
2. Threat against D or someone close
3. Crime to be committed must be specific
4. Graham test passed
5. Threat must be imminent
6. No possibility of escape

Question 3

1. Threat of death or serious injury

Answer 3

Serious physical injury or death must be threatened
Shayler 2001
Baker and Wilkins
R v Valderrama-Vega
R v Ashley

Question 4

2 Threat to D or someone close

Answer 4

R v Martin (Cohn)

Question 5

3. Threat must include specific crime needed to be committed by D

Answer 5

Sufficient nexus
R v Cole 1994

Question 6

4. Graham test passed

Answer 6

1. was D compelled to act as he did because he had reasonable believed he had good cause to fear serious injury or death? Subjective. R v Martin (2001)
2. If so, would a sober person or reasonable firmness, sharing characteristics of the accused, respond in same way. Objective. r v Bowen (sex, age, pregnancy, serious physical disability, recognised mental illness or psychiatric condition) . R v Flatt (no self-induced characteristics due to alcohol or drug abuse)

Question 7

5.Threat imminent

Answer 7

R v Abdul Hussain
1. Must be imminent peril of death or serious injury to D or whom D has responsibility
2. Jury must agree peril was in D’s mind
3. Execution of threat need not be immediate

Question 8

6. No possibility of escape

Answer 8

If D has chance to escape but doesn’t use, cannot use
R v Gill
R v Hudson and Taylor

Question 9

Duress and Gang membership

Answer 9

Duress cannot be used where D has voluntarily joined a gang in which they are aware violence is used
R v Hasan

Question 10

Duress of circumstances

Answer 10

D may be forced to act due to their circumstances
Not a specific threat, but forced to break law in order to escape

Question 11

Circumstance cases

Answer 11

R v Willer - drive on pavement
R v Conway - d recklessly speed
R v Martin (Cohn) - d drove disqualified
R v Pommel - shotgun
R v Cairns- youths on bonnet

Question 12

Test for circumstance

Answer 12

1. d must have reasonable belief in circumstances;
2. Belief lead D to have good cause to fear death or serious injury
3. Sober person of reasonable firmness, sharing characteristics , may have acted as D did