duress Flashcards
what are the two types of duress
duress by threats
duress by circumstance
what is duress
where the defenadant has the AR and MR of the offence by they do it under a threat so it is an absoulte defence is proven
what is the burdern of proof for duress
on the prosicution to disprove d was under duress
what offences is duress not avaliable for
muder or atempted murder
give cases for duress not avaliable for muder/atempted murder
R v Howe
R v Wilson
R v Gotts
what case set out the elements of duress
R v Hassan
what are the 6 elements of duress
1-threat of death/serious injury
2-threat must be to relevent person
3-D action must be objectivly reasonable in the light of the threat
4-could d have taken evasive action?
5- did the threat relate to the crime
6did d lay themselves out to the threat
what is the first element of duress
there must be threat of death or serious injury
what must be proved for the first element of duress
that a threat of death or serious harm exsisted
what else can the jury consider for the first element of duress + case
other threats when threat of death/injury is present
R v Vanderrama-Vega
for the second element of duress who can the threat be against
the defendant
their immidiate family
those whom d reasonably regards themself responcible for
-possibly strangers but theres no clarification
what is the 3rd element of duress
d’s act must be objectivly reasonable in the light of the threat
what case set up the 2 part test for the 3rd elemnt of duress
R v Graham
what is the 2 part test set up in R v Graham
1-subjective test-did d genuily and reasonably believe the threat existes and was of of death/PI
2-objective test-would a reasonable man react the same
for the objective test in the R v Graham test what else can be considered + case
not iq-R v Bowen
age, serious disablity, pregnacy, mental illnes, gender
what is the 4th element of duress
could the d have taken any evasive action- only avaliable if there was no safe avenue of escape
give cases for the 4th element of duress(no escape)
R v Gill- no defence
R v Hudson + Taylor- Defence
what is the 5th element of duress
did the threat relate directly to the crime commited by D
give a case for the 5th element of duress and explain its importance
R v Cole
there must be a sufficient link between the threat and the crime commited
for the 5th element of duress what must the threat be
must be effective at the moment the crime is commited by donst need to be immediate
give a case for the threat needing to be imminent peril of death/sieious injury
R v Abdul-Hussain
what is the 6th elemnt of duress
did d lay themselfes open to the threat
if d voulountarilay layed themselves open to the threat is the defence avaliable?
no
give cases for the 6th element of duress
R v Sharp
R v Hassan
if there is mistaken belief based on volountary intoxication will there be a defence
no
if the defendant is intoxicated but it is irrelevant to the duress will there be a defence
yeah if all the other elements are fufilled
what is duress of circumstance
where d fears death or serious injury which arises from the situation D is in
what are the elements for duress of circumstance
the same of duress of threat except d does not need to be threatened into doing a specific crime
give cases for duress of circumstance
R v Willer
R v Conway
R v Martin
R v Abdul-Hussain
what is the test for duress of circumstance
1-an act must be done to prevent an act of greater evil
2-the evil must be directed towards D or a person/people who they were responcible for
3-the act must be reasonable + proportionate to the evil avoided
