Duress Flashcards
what is the leading case for duress by threats
Hasan
Hasan [2005]
committed burglary while being associated with a gang but couldn’t claim duress as he voluntarily associated with them knowing they were violent
R v Graham [1982]
D was intoxicated when him and his boyfriend killed his girlfriend they tried to claim for duress but didn’t work so two part test was created
what is the first part of the Graham test
was the defendant impelled to act as he did because he reasonably believed that he had good cause to fear that if he didn’t act then the threatener would kill him or cause serious injury
what was the second test proposed in Graham
have the prosecution made the jury sure that a sober person of reasonable firmness sharing the same characteristics as D would not have responded to whatever he reasonably believed the threatener said or did by taking part
what does duress not apply to
murder
what must the threat cause
death or serious injury
who must the threat be directed at
at D or their immediate family or to someone whose safety they would reasonably regard as their responsibility
Conway [1989]
D was charged with reckless driving which trying to escape from people who posed a danger to the passenger but on appeal this was quashed
what must the threat directly cause
criminal conduct
what must D take if they can
an evasive action but this would fail the defence if they had time to do so
what requires immediacy
the evasive action
if D is in a gang why does the defence fail
they have chose to voluntarily be involved with people known for crime and violence
what types of injury cannot apply
psychiatric harm, harm to pecuniary interest, false imprisonment, pain, sexual assault
what is a here say threat
a threat that can be transmitted second hand
Brandford [2016]
defendants convicted of trying to sell drugs but Brandford claimed for duress
Wright [2000]
allegations of assault but he wasn’t properly cross examined
Bowen [1997]
D had a low IQ and thought he was under duress to buy something but didn’t get the defence as psychiatric conditions don’t count
Hudson [1971]
two girls committed perjury in trial as they said that a gang member had said if they told the truth they would be hurt, they were not allowed the defence of duress. Later on appeal they were allowed to consider duress
Abdul-Hussain [1999]
Shia Muslims living in Sudan were scared of going back to Iraq so they hijacked a plane with plastic knives and surrendered in Britain after 8 hours. The judge said that because the threat of execution wasn’t immediate duress couldn’t apply but in later appeal it did.
Cole [1994]
D borrowed money off a loan shark and they threatened him and his girlfriend if he didn’t get him the money back so he robbed building societies. He didn’t get the defence as the loan shark did not tell him to rob the banks to get the money
what must the threat be
specific
what is duress by circumstances
uses the same rules as duress by threats except the factors that are inapplicable for example a nominated crime
Willer (1986)
D convicted of reckless driving as he was cornered by a gang threatening him and then turned round putting them in danger. It was ruled that this wasn’t necessary.
Martin (1989)
D was driving while disqualified as wife said she would commit suicide if he didn’t take their son to work, court of appeal said he should have been allowed the defence
Pommel [1995]
D said he taken the gun away from X who said they were going to kill someone and intended to hand it over to the police and the court of appeal said the duress by circumstance should have been left to the jury
