Duress ✅ Flashcards
What is duress?
Duress comes into play where D would otherwise be liable as they have done the offence, and have the required AR and MR. However, they have not had an effective choice in doing the actions, and so are not independent actors.
What can happen is duress is successful?
Negates any criminal liability and results in a complete acquittal
What are the two types of duress?
Duress of circumstances
Duress by threats
Which case signify that duress is not available for murder or attempted murder?
R v Howe
R v Gotts
What is the significance of R v Hassan?
The threats must be aimed at friends, family or anyone the victim feels responsible for
What are the 6 things needed for an attempted offence, confirmed in R v Hassan?
- Must be a threat if death or serious injury
- Threat must be directed against the defendant, their immediate family, or someone close to them
- Whether the defendant acted reasonably in the light of the threats will be judged objectively
- The threats relate directly to the crime committed
- There was no evasive action the defendant could have taken
- The defendant cannot use the defence if they voluntarily laid themselves open to the threats
What is the significance of R v Valderrama-Vega?
Threat of death or serious injury
What is the significance of R v Hudson and Taylor?
Police cannot always protect people once they leave court
What is the significance of R v Bowen?
List of characteristics that need to be taken into account, however IQ is not one of them
What is the significance of R v Cole?
Needs to be a specific crime that’s nominated
What is the significance of R v Gill?
If there is a safe avenue of escape which D could have taken, then D cannot rely upon duress
What is the significance of R v Shepard?
If the duress is self induced, then you can’t rely upon it.
What is the significance of R v Sharp?
Associated with a violent gang so could not rely on duress
