Duress Flashcards
What happened in the case of Graham?
A man who lived with his wife and another man, K, had been drinking heavily. K told the defendant to hold a flex whilst he put it around the wife’s neck and pulled. The defendant was found guilty of murder and not allowed Duress.
Valderama Vega
Defendant was caught smuggling drugs and tried to claim duress as he said he was under Maria threats. He also said that the mafia was going to disclose his homosexuality and that he had financial problems. Duress not allowed as threats not the sole reason
Singh
Threats to reveal adultery are not enough
Carns
V threw himself on the bonnet of D’s car. Several of V’s friends were nearby shouting at D. D drove off because they were scared and V fell under the vehicle and died. Duress allowed as D legitimately feared violence
Hudson and Taylor
D’s were two girls as witnesses in a court case. They claimed they did not know the man who attacked them. At their trial for perjury, they explained how they were approached by a man who threatened to injure them if they didn’t comply. Their convictions were quashed
Abdul Hassein
Two men from Iraq stole a plane and flew it to the uk and claimed the defence of duress on British soil as they were being persecuted. Their convictions were quashed as they had reason to fear “imminent” violence
Gotts
D was a 16 year old boy who was threatened by his father to kill his mother. His attempt failed but he was still not allowed duress as the defence isn’t available to murder
Wilson
Similar to Gotts but the victim wasn’t the mother, it was just someone else
Sharp
D joined a gang that committed robberies, but wanted to leave after they killed someone. The court said he couldn’t claim duress as he would have known the gang was violent when he joined them
Shepherd
A man joined a gang of petty shoplifters. D said he wanted to leave but was then threatened with violence. Court allowed duress as he had no clue shoplifting would turn so violent
Willer
A man’s car was surrounded by a gang and he had to drive slowly on the pavement to escape. His charge for dangerous driving was dropped as this was reasonable enough for duress
Martin
D’s wife was hysterical and forced D to drive their son to school even though he was banned from driving. Duress allowed
Kitson
A man had gotten drunk and fallen asleep in a friend’s car. He grabbed the wheel when it started rolling downhill and prevented a crash. He was convicted of driving over the limit but his conviction was dropped because of duress
