Duress Flashcards
what is duress
where D forced to perform criminal act by someone else
what are the 2 types of duress
- duress by threats
- duress of circumstances
who set out the tests for duress by threats
Graham
what are the 2 tests for duress by threats (Graham)
1) was D impelled to act as he did because he feared death/ serious physical injury? - subjective test
2) if so, did he respond as a sober person of reasonable firmness sharing characteristics of D would have? - objective test
what are 2 elements of duress by threats
1) seriousness of the threat
2) effect of the threats on reasonable man sharing characteristics of D
what must threats be (threats)
of serious physical harm
what case states that the only relevant factors are threats of death/ serious injury to D/ his immediate family (can be cumulative)
Valderrama-Vega
what case states that duress by threats can be used where threats are made with respect to a person for whose safety he would reasonably regard himself as responsible
Hasan
can duress by threats be used if threat is to damage/ destroy property
no
what must the threat made be in connection with
offence committed
in what case was there no sufficient connection between armed robberies committed by D + failure to repay debt to a moneylender
Cole
what else must be considered under seriousness of threat
characteristics of D
what case states that jury can take into account any special characteristics of D which may make him more likely to believe the threats
Martin (DP)
a genuine mistake belief by D can be a defence - however what case states that the belief in the threats must be genuine + reasonable
Hasan
what case sets out characteristics that can be taken into account + what are these (5)
Bowen:
age
pregnancy
serious physical disability
recognised medical illness/ psychiatric order
gender
what cannot be available for successful duress by threats
a safe avenue of escape
what case states that if police protection available, D cannot rely on duress
Gill
in what case was it accepted that police protection might not always be effective - jury should take into account age + sex of D
Hudson & Taylor
what case criticised Hudson & Taylor, saying D should seek police protection
Hasan
how imminent must the threat be + case
threat must be effective at time of crime but this doesn’t mean threats need to be able to be carried out immediately - Hudson & Taylor
in what case did the COA held that threat need not be immediate but imminent in the sense it was hanging over them
Abdul-Hussain
when can duress not be used
if D becomes voluntarily intoxicated + mistakenly believes he is being threatened - this would be unreasonable
when may duress be available for invol. intox.
if belief would make reasonable person do as accused did
what is self-induced duress
when D brought duress upon himself through own actions - can’t use defence
in what case did D join criminal gang which he knew was likely to use violence
Sharp
in what case did D put himself in a position where he is likely to be subjected to threats of violence/ actual violence
Heath
following what case is self-induced duress no longer available where D realises/ ought to have realised he may be threatened with violence + compelled to commit a crime
Hasan
what is duress of circumstances
D forced to act because because of surrounding circumstances - D believes he/ those with him would suffer death/ serious injury if he did not escape by doing what he did
in what case did D commit driving offence to escape from threatening circumstances
Willer
what must the actions of D be (circumstances) + case
reasonable + proportionate - Conway - D feared repeat attack + drove off recklessly
what case said the same 2-stage test put forward in Graham should be applied (circumstances)
Martin
in what case did COA specifically extend defence to all crimes as in duress by threats (circumstances)
Pommell
