duress

Question 1

what two types of duress is there

Answer 1

threats
circumstances

Question 2

what offence is duress

Answer 2

common law offence

Question 3

what is the definition of duress of threats

Answer 3

when there is a threat of death or serious injury, they must have committed the crime to avoid death or serious injury

Question 4

when is the defence of threat not allowed

Answer 4

when the threat is less than death or serious injury

Question 5

what case relates to duress of threats

Answer 5

R v Valderrama Vega 1985

Question 6

what happened in the case R v Valderrama Vega 1985 relating to duress of threats

Answer 6

D charged with importing illegal drugs, defence was that he was treated with death of his family, and to disclose his homosexuality, the serious injury/ death and to be the sole reason for him committing the offence
LP- the fear of death or serious injury can be the only factor for that person to commit that crime

Question 7

what case created the two stage test from establishing duress by threats

Answer 7

R v Graham 1982

Question 8

what happened in the case R v Graham 1982 relating to the two stage test for duress by threats

Answer 8

homosexual male lived with wife and lover, Graham took part in strangling his wife
LP- duress did not exist on the basis of the test

Question 9

what is the two stage test for duress by threats

Answer 9

1. the D must reasonably believe and have good cause to feat the threat (subjective)
2. a sober person of reasonable firmness hearing the D characteristics would have acted in the same way (objective)

Question 10

is the first stage of the test objective or subjective

Answer 10

subjective

Question 11

is the second stage of the test objective or subjective

Answer 11

objective

Question 12

what is self induced duress

Answer 12

D acts in a way that could place them under duress through their own actions

Question 13

what happens if they are self induced as a defence

Answer 13

if they know the risk of it then they cannot use it as a defence

Question 14

what is the cases for self induced duress

Answer 14

R v Sharp 1987
R v Abdul-Hussain 1999

Question 15

what happened in the case R v Sharp 1987 relating to self induced duress

Answer 15

might be available if you were forced to join a group/ gang

Question 16

what happened in the case R v Abdul-Hussain 1999 relating to self induced duress

Answer 16

D Feld from Iraq because they were at risk of being punished or executed,becasue of religious beliefs. They pleaded duress of circumstances trail judge decided that the danger theta were in was not sufficiently close and immediate Quashed conviction
LP- the threat not need to be immediate but there must be an imminent peril of death or serious injury

Question 17

what is duress by circumstances

Answer 17

must have been in a situation were they feared death or serious injury

Question 18

what case links to duress of circumstances

Answer 18

R v Willer 1986

Question 19

what happened in the case R v Willer 1986

Answer 19

D was driving down lan and car was surrounded by youths, he drove over the pavement and was convicted of reckless driving, convicted was quashed
LP- D must show that they acted in he way they did because they reasonably perceived a threat of death or serious injury

Question 20

what case made 6 elements the defence of duress needed to follow

Answer 20

R v Hasan 2015

Question 21

what were the 6 elements created in the case R v Hasan 2015

Answer 21

1- threat or circumstance must cause D fear of death or serious injury
2-threat must be directed against themselves, family or someone close to them
3- jury must consider the reasonableness of the defendant perceptions and conduct
4- defence is only available where the criminal conduct seeks to excuse has been directly caused by the threats that are relied upon
5- there was no other way to get out of it
6-may not rely on duress if they have voluntarily laid themselves open