duress

Question 1

what is duress

Answer 1

Duress is a defense where D states they only committed the crime because they were threatened with serious violence

Question 2

what crimes cant duress be used for

Answer 2

murder
attempted murder
accomplice to murder

Question 3

what is duress by threat

Answer 3

D is threatened with violence to take action by another person

Question 3

what are the 2 types of duresses

Answer 3

duress by threat
duress by circumstances

Question 3

what is duress by threat

Answer 3

D is threatened with violence to take action by another person

Question 4

what is duress by circumstance

Answer 4

D is required to take action due to the circumstances they are in- This is where D may be forced to act due to their circumstances.

There may not be a specific threat made, but D is in a situation where they are forced to break the law in order to escape.

Question 5

Threat of death or serious injury cases (4)

Answer 5

Shayler 2001
Baker and Wilkins 1997
Valderrama-Vega 1985
R v Ashley 2012

Question 6

Shayler 2001

Answer 6

An MI5 agent who released classified documents to the press did not have a defence based on a vague info
outcome: it had to be a specific threat

Question 7

Baker and Wilkins 1997

Answer 7

A mother committed criminal damage to break down the door of the father’s house to rescue her child. There was a fear of long-term psychological damage to the child.
outcome: Threats of psychological injury – however serious – are not sufficient. No defense.

Question 8

Valderrama-Vega 1985

Answer 8

Non-specific death threats, as well as threats to expose D’s sexuality and his mountain of debt.

outcome: he threats regarding debt/sexuality would not have been enough on their own, but with the threat of death they could be sufficient.

Question 9

R v Ashley 2012

Answer 9

A threat to rape is sufficient

Question 10

what are the 3 exception crimes for the duress defense

Answer 10

murder
attempted murder
accomplished to murder

Question 11

murder case

Answer 11

r v howe

Question 12

what does this case say

Answer 12

The ordinary man should be capable of heroism if he is asked to take an innocent life rather than sacrifice his own

Question 13

accomplice to murder case

Answer 13

r v wilson

Question 14

attempted murder case

Answer 14

r v gotts

Question 15

what does this case say (r v wilson)

Answer 15

even if D is young, weak or vulnerable

Question 16

Threat to D or someone close to D case (1)

Answer 16

r v cole
D owed money and was threatened with violence unless he paid back. He robbed two building societies to get the money

Question 17

what does nexus mean

Answer 17

connection between threat and crime

Question 18

what is the outcome rule of this case (r v cole)

Answer 18

Duress not allowed as there was no nexus (connection) between the threat and the crime. D was not told specifically to rob the money, just to pay back his debt.

Question 19

what case brought around the graham test and which case approved it

Answer 19

r v graham
r v howe approved it

Question 20

what does the graham test say

Answer 20

The defence is not available just because D reacted to a threat; the threat must be one that the ordinary man would have also not resisted.

Question 21

what does the graham test consist of

Answer 21

1. Was D compelled to act as he did because he reasonably believed he had a good cause to fear serious injury or death?
2. If so, would a sober person of reasonable firmness, sharing the characteristics of the accused, have responded in the same way

Question 22

Was D compelled to act as he did because he reasonably believed he had a good cause to fear serious injury or death TYPE OF TEST

Answer 22

SUBJECTIVE:
It asks what the D themselves thought

Question 23

case example of this

Answer 23

R v Martin (DP) 2001:
The jury can take into account D’s mental condition (schizoid-affective state) in deciding if D thought the threat was real

Question 24

2. If so, would a sober person of reasonable firmness, sharing the characteristics of the accused, have responded in the same way TYPE OF TEST

Answer 24

OBJECTIVE:
It asks what a reasonable person would do

Question 25

case example of this

Answer 25

R v Bowen 1996:
Decided what counts as “shared characteristics” – age, pregnancy, serious physical disability, recognized mental illness or psychiatric condition, sex.

Question 26

The threat must be imminent case

Answer 26

R v Abdul-Hussain 1999

Question 27

which court stated rules due to this case

Answer 27

court of appeal

Question 28

what were the 3 rules they stated

Answer 28

There must be imminent peril (serious and immediate danger) of death or serious injury to the D or those for whom D has responsibility

The jury must agree that this peril was in D’s mind at the time of the offence so as to overbear D’s will

Execution of the threat need not be immediate

Question 29

Must be no possibility of escape cases (2)

Answer 29

R v Gill 1963
R v Hudson and Taylor 1971

Question 30

r v gill

Answer 30

He could not use the defense as he had a chance to escape and he did not.

D was threatened to steal a lorry, but was left alone for a period of time when he could have called the police or escaped.

Question 31

R v Hudson and Taylor 1971

Answer 31

Defence was allowed even though they could have gone to the police

Two teenage girls lied in court as they were being threatened by known violent men who were sat in the public gallery in court.
Two teenage girls lied in court as they were being threatened by known violent men who were sat in the public gallery in court.

Question 32

what is the last thing duress cant be used as a defense for

Answer 32

where D has voluntarily joined a gang in which they are aware violence is used, and is then threatened with violence in order to commit a crime.

Question 33

what case backs this

Answer 33

R v Hasan 2005

Question 34

r v hassan

Answer 34

If D voluntarily associated with others who are engaged in criminal activity,
and he foresaw or ought reasonably to have foreseen the risk of being subjected to any compulsion by threats of violence,
then the defense will not be available

Question 35

what case allowed duress of circumstance to be a valid

Answer 35

r v pommel (check ppt)

Question 36

r v martin

Answer 36

D drove whilst disqualified to take son to work as wife threatened to commit suicide if he didn’t (she had tried to do so previously).

Question 37

Court stated the defence requires similar test used for Duress of Threats – from the case of R v Graham requiring that:

Answer 37

1.The defendant must have areasonable beliefin the circumstances;
2.This belief must have lead the defendant to haveagood cause to feardeath or serious injury would result if he did not comply; and
3.Asober person of reasonable firmness, sharing the characteristics of the defendant, might have acted as the defendant did.

Question 38

r v pommel

Answer 38

Possession of unloaded shotgun – D claimed to have taken it off someone the night before to stop him ‘doing some damage’ with it and claimed he was going to take it to the police later on.

Held – defense should be put to jury, applies to all offences except for murder and attempted murder. D’s conviction quashed.

Question 39

R v Cairns 1999

Answer 39

D’s car was surrounded by youths – one of whom jumped on D’s bonnet. D drove off, injuring the youth on his bonnet.

Held: defence allowed as D thought the threat was genuine – it depended what D perceived as a threat, even if the threat was not really present.