Duress

Question 1

Definition

Answer 1

The D has been effectively forced to commit the crime due to the threats made towards him or someone close to him, this is a full defence that will lead to acquittal

Question 2

Excluded crimes

Answer 2

Cannot defend murder (R v Howe) or attempted murder (R v Gotts)

Question 3

6 part test

Answer 3

Threat must be directed against D or an immediate family member or someone close to them

Question 4

Death or serious injury

Answer 4

This must be a threat to cause death or serious injury, this is given its normal meaning, serious threats must be considered (R v Valderrama Vega)

Question 5

Graham test

Answer 5

1. D must have been compelled to act as they did because they genuinely believed they had good cause to fear serious injury or death, must genuinely believe in the effectiveness of the threat
2. A sober person of reasonable fairness, sharing the same characteristics e.g. age, mental illness or gender (R v Bowan) as the accused would have acted in the same way

Question 6

Nominated crimes

Answer 6

The threats must directly relate to the crime the D has committed, meaning there must be a specific offence (R v Cole)

Question 7

No safe escape

Answer 7

Duress can only be used as a defence of D is put into a situation where they have no safe avenue of escape, for example, if police protection is possible then the defence will fail (R v Gill)

Question 8

Self induced

Answer 8

The D cannot lay himself open to threats e.g. if they are part or or have formally been a member of a violent gang (R v Sharp)