Duress Flashcards
Circumstances
Threat of death or serious injury
Can be combination of threats but death or serious injury must be present and play major part
R v valderrama-vega
Imported cocaine - threat expose homosexuality + kill or injure family
Only threats of death or PI constitute duress
Nexus
Must be connection between threat and actual offence committed
R v Cole
Rob to pay debt after threatened
Chose method of repaying debt - no threat
R v graham
Kill wife under threat from gay lover - threats not grave
Test:
1. Compelled to act, reasonably believed good reason to fear death/serious injury - subjective
2. Sober person of reasonable firmness, same characteristics act the same way? - obj
Subjective test
Compelled to act, reasonably believed good reason fear death or serious injury
R v hasan
Threat can be to D or D’s immediate family, or someone D responsible for
Must have no opportunity to avoid threat - no time to report or escape without harm
May not be actual imminent threat, D must believe there is one
Self induced duress not a threat e.g associating with criminals
R v gill
Had time to report violence
Objective test
Reasonable person can be given some of characteristics of defendant but not all
R v Martin
Lack of reasonable firmness due to mental illness
R v Bowen
Âge and sex can be taken into consideration but not low iq
R v flatt
Characteristics self-induced can’t be taken into consideration (crack cocaine addict)
R v Howe and r v w
13 yr old boy claimed pressure placed on him by father to kill victim
DURESS not defence for murder
R v gotts
No deference to attempted murder charge
R v Conway
Defence allowed to charge of reckless driving where D thought plain clothes officers were about to attack passenger
