Duress Flashcards
What is duress?
Acting under threat of death or serious personal injury
Can duress be a combination of threats?
Yes, but the threat of death or personal injury must still be present.
R v Valderrama-Vega?
Imported cocaine threatened with exposure of homosexuality and kills his family. Only threat of death constituted duress
What is the Nexus in Duress?
Must be connection between threat and offence committed.
R v Cole?
Robbed building society to pay debt as family threatened. Chose the illegal course of action no duress.
What are the two types of duress?
By threat
By circumstance
R v Graham?
Killed wife threatened by gay lover. No duress as threats not grave.
Made the 2 part Subjective and Objective test
What is the subjective test for duress?
Feared death or serious injury
Must have no opportunity to avoid threat
Can make a mistake of duress as long as believed there was a threat
Self induce duress no defence
R v Hasan?
Associating with criminals exposes to threats (self induced)
R v Gill?
Had time to inform police no duress
What is the objective test for duress?
Reasonable person can have some characteristics of D but not all
If lack reasonable firmness due to mental illness allowed (R v Martin)
Age and sex taken into account but not low IQ (R v Bowen)
If characteristics self induced not considered (R v Flatt cocaine)
What crimes do not allow duress as a defence?
Murder R v Howe and R v W Duress not available for murder no matter age
Attempted murder R v Gotts
What is duress by circumstance?
Circumstances threatened death or serious personal injury
R v Conway?
Allowed for reckless driving as thought under cover police attacking
R v Baker and Wilkins?
Death or serious personal injury must be feared can’t fear psychological injury
