Duress

Question 1

What is the legal definition of duress and its purpose?

Answer 1

Duress is a complete defence where the defendant argues they committed a crime due to being compelled by a threat of death or serious injury, or by dangerous circumstances.
Purpose: To excuse those who commit crimes under extreme pressure

Question 2

What are the two forms of duress recognised by law?

Answer 2

Duress by threats – threats from another person
2. Duress of circumstances – danger arises from the situation/environment rather than a human threat

Question 3

What is the leading case and test for duress by threats?

Answer 3

R v Graham (1982) – Two-part test:
1. Did D act because they reasonably believed they were under threat of death/serious injury? (Subjective)
2. Would a sober person of reasonable firmness, sharing D’s characteristics, have acted the same way? (Objective)

Question 4

What type of threats are sufficient for duress?

Answer 4

Only threats of death or serious physical injury are sufficient.
• R v Valderrama-Vega (1985): Threats of death alongside exposure of sexuality were enough – non-violent threats alone are not sufficient

Question 5

Can threats to others suffice in duress?

Answer 5

Yes – threats can be to the defendant, their family, or someone close.
• R v Wright (2000): D acted under threat to her boyfriend’s safety

Question 6

Can duress ever be used as a defence to murder or attempted murder?

Answer 6

R v Howe (1987): Duress not available for murder.
• R v Gotts (1992): Extended this to attempted murder

Question 7

Can duress be used if D voluntarily joined a criminal gang?

Answer 7

R v Hasan (2005): If D foresaw (or should have foreseen) the risk of being pressured into crime by joining a violent gang, defence fails

Question 8

What elements must be satisfied for duress of threats to succeed according to who?