Duress Flashcards

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1
Q

What is duress?

A

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.

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2
Q

Which crimes does duress apply to?

A

All crimes apart from murder (R v Howe) and attempted murder (R v Gotts).

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3
Q

What are the 2 types of duress?

A

-Through a direct threat by another
-Through circumstances

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4
Q

Which case confirmed that the threat must be of death or serious injury (where it is duress by threats)?

A

Valderrama-Vega

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5
Q

Who is included in people D is responsible for?

A

D’s family, friends, an identified stranger (if the situation makes D responsible for them).

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6
Q

Which case sets out the 2 part test for if D acted reasonably?

A

Graham

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7
Q

What is the test to determine if D acted reasonably?

A

-Was D compelled to act as he did because he reasonably believed he had 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?

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8
Q

What kind of Ds are likely to unreasonably believe a threat will be carried out?

A

People with mental disorders like paranoia or autism, naturally gullible/naive or anxious.

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9
Q

Which of D’s characteristics can be attributed to the sober person of reasonable firmness?

A

Bowen
-Age
-Pregnancy
-Serious physical disability
-Mental disorder (NOT low IQ)
-Sex

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10
Q

What do the characteristics that can be considered have in common?

A

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.

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11
Q

Which factors can be considered to determine if D acted reasonably?

A

-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?

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12
Q

What is self induced duress?

A

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.

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13
Q

What did the case of Hasan say about self induced duress?

A

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.

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14
Q

What happened in Sharp?

A

D joined a gang who carried out robberies, so it was reasonably foreseeable that people who commit robberies would submit you to violence. Therefore duress was unavailable

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15
Q

What happened in Shepherd?

A

Different to Sharp because it is less foreseeable that shoplifters would use violence/threaten you with violence and therefore duress was allowed

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16
Q

What is duress of circumstances?

A

Where D is forced to act because of the surrounding circumstances rather than a specific threat.

qThis was first recognised in the case of Willer.

17
Q

Which case confirmed that the same 2 stage test from Graham should be used for duress by circumstances?

A

Martin

18
Q

What is the 3 part test for using necessity?

A

Re A

-The consequences of not acting would have inflicted inevitable and irreparable evil
-No more was done than was reasonably necessary to avoid the evil
-The evil inflicted was not disproportionate to the evil avoided