DURESS

Question 1

DEFINITION

Answer 1

Duress occurs where the D is forced to commit the criminal act by someone else

Question 2

DURESS BY THREATS

Answer 2

D is forced to commit a crime because of threats of death/ serious injury made to him
- Not available for murder (Howe)
Or
Attempted murder (Gotts)

Question 3

THERE MUST BE A THREAT TO CAUSE SERIOUS INJURY/ DEATH
(Valderrama-Vega)

Answer 3

Must be effective but not always immediate (Hudson & Taylor)
Threat must take effect as soon as crime is committed
Not applicable to property (Lynch), expose adultery (Singh), psych harm (Baker & Wilkins), severe pain (Quayle)

Question 4

THE THREAT MUST BE DIRECTED AGAINST THE D, IMMEDIATE FAMILY (MARTIN) OR SOMEONE CLOSE TO D (Conway)

Answer 4

Anyone D is responsible for (Hasan)

Question 5

DID THE D ACT REASONABLY

Answer 5

A) D honestly and reasonably believe life was in immediate danger (Martin) AND
B) would a sober and reasonable person have responded in the same way? (Hegarty)

Question 6

THE THREATS HAVE TO RELATE DIRECTLY TO CRIME COMMITTED BY D

Answer 6

D can only use the defence if the threats are made in order to commit a specific crime (Cole)

Question 7

DURESS IS ONLY AVAILABLE IF THE D IS PUT IN A SITUATION WHERE THERE IS NO AVENUE OF ESCAPE (Gill)

Answer 7

Must be no time to escape/ raise alarm (Gill)
If raising alarm would not be effective, then duress allowed (Hudson & Taylor)

Question 8

D CANNOT RELY ON DURESS IF THEY HAVE VOLUNTARILY LAID THEMSELVES OPEN TO THREATS (SHARP)

Answer 8

Where the D brought duress on himself defence will fail (Sharp)
Joining a gang= fail (Sharp)
D foresees risk = fail (Hasan)

Question 9

DURESS BY CIRCUMSTANCES

Answer 9

D is forced to commit a crime because of the situation he finds himself in (Luller/ Conway)

The Graham test:
(A) D honestly and reasonably believe life was in immediate danger (Martin) AND
(B) Would a sober and reasonable person have responded in the same way? (Hegarty)

1) Not available for murder (Pommell)
2) D must have genuine belief if no actual threat (Cairns)
3) Must be imminent if not immediate (Abdul- Hussain)

Question 10

DURESS BY NECCESSITY

Answer 10

D finds himself in circumstances which force him to act in order to prevent a worse evil from occurring (Dudley & Stevens)

(Re A) defence of necessity considered, even to a potential charge of murder.

(Shaylar) criteria:
A) prevent greater evil
B) evil must be directed towards D/ person they are responsible for
C) act must be reasonable and proportionate to the evil avoided