Duress Flashcards
What are the 2 types of duress?
- Duress by threats
- Duress by circumstances
What are the parameters for duress by threats?
- There must be a threat of death or serious injury
- There can be a combination of threats but a threat of death or serious injury must be present and play a major part
What is the case for threats?
R vs Valderrama-Vega
What is the POL from R vs Valderrama-Vega?
Only the threats of death or serious injury could constitute duress
What is a nexus?
There must be a connection between the threat and the actual offence committed
What is the case surrounding a nexus?
R vs Cole
What is the POL from R vs Cole?
D chose this course of action to repay debt, there was no threat or duress
What case laid down the 2 part test for duress by threat?
R vs Graham
What is the POL from R vs Graham?
Court of Appeal did not believe that duress existed as the threats were not grave
What is the 2 part test?
- Was the defendant compelled to act because they reasonably believed they had a good reason to fear death or serious injury - Subjective Test
- Would a sober person of reasonable firmness, sharing the defendant’s characteristics, would have acted in the same way - Objective Test
What are the 2 cases for the subjective test?
- R vs Hasan
- R vs Gill
What are the multiple rulings that come from R vs Hasan?
- The threat can be to D, D’s immediate family or someone whom the defendant regarded himself as responsible for
- D must have had no opportunity to avoid the threat
- The belief that the threat is real must be both honest and reasonable
What is the POL from R vs Gill?
No duress as he had time to inform the police and avoid the threat
What is the ruling around self-induced duress and the case that covers it?
Self-induced duress is not a defence
R vs Hasan
What are the cases for the objective test?
- R vs Martin
- R vs Bowen
- R vs Flatt
What is the ruling from R vs Martin?
A recognised mental illness or psychiatric condition can be taken into account
What is the ruling from R vs Bowen?
Age and sex can be taken into account but not low IQ
What is the ruling from R vs Flatt?
If the characteristic is self-induced then it cannot be taken into consideration
What cases held that duress is not a defence for murder
- R vs Howe
- R vs W
What case held that duress is not a defence for attempted murder?
R vs Gotts
What is the basic premise for duress by circumstances?
When the circumstances threatened death or serious personal injury unless the crime was committed
What are the cases for duress by circumstances?
- R vs Conway
- R vs Baker and Wilkins
- R vs Pommell
- R vs Willer
What is the POL from R vs Conway?
Defence allowed to a charge of reckless driving when D thought plain clothed police officers were about to attack the passenger
What is the POL from R vs Baker vs Wilkins?
Court of Appeal held defence is not available when serious psychological injury was feared
What is the POL from R vs Pommell?
The defence was allowed as D intended to hand the weapon in to the police in the morning
What is the POL from R vs Willer?
He only drove on the pavement due to the threat of being chased by a gang
