Duress

Question 1

What type of defence is Duress?

Answer 1

A complete defence

• Except murder (R v Howe)
• Except attempted murder (R v Gotts)
• Even for children (R v Wilson)

Question 2

What are the step to test for Duress?

Answer 2

1) Treat of death/serious injury?
2) Directly against D/family/close peers?
3) Graham test?
4) Imminence or threat?
5) No evasive action D could take?
6) Nexus - threats relate to D’s crime?
7) Did D voluntarily leave themselves open?

Question 3

Explain step 1 of the Duress Test
- with cases

Answer 3

D must be overcome by a threat of death or serious violence
- Valderrama Vega

Question 4

Explain step 2 of the Duress Test
- with cases

Answer 4

Threats must be directly against D or their family or close peers

Question 5

Explain step 3 of the Duress Test
- with cases

Answer 5

The Graham Test:
- Did D reasonably believe they had good cause to fear injury/death
- If so, would reasonable person (similar to D) act the same way?

Jury may consider special characteristics
- R v Bowen

Question 6

Explain step 4 of the Duress Test
- with cases

Answer 6

Need not be immediate but must be imminent (Hanging over the D)
- R v Hudson and Taylor

Question 7

Explain step 5 of the Duress Test
- with cases

Answer 7

Could D have evaded the duress?
- R v Gill

Question 8

Explain step 6 of the Duress Test
- with cases

Answer 8

Nexus
Did the threats relate to the crim D committed?
- R v Cole

Question 9

Explain step 7 of the Duress Test
- with cases

Answer 9

Did D voluntarily leave themselves open
- R v Hassan
- R v Sharp