Duress

Question 1

What does duress do?

Answer 1

Duress affords a defence which, if raised and not disproved, exonerates the defendant altogether.’ Hasan (2005)

Question 2

What is the implications with duress?

Answer 2

The law places enforcement on motive and context in which are generally deemed irrelevant.

Question 3

What was established in the case of Howe 1987?

Answer 3

Duress cannot be a defence to murder.

Question 4

What was held in the case of Steane 1947?

Answer 4

Intention must be shown to constitute to a defence.

Question 5

What was held in the case of Gotts 1992?

Answer 5

Duress is not available as a defence to a charge of attempted murder

Question 6

Threats of Imminent Death or Serious Injury -

Conway 1989 principle

Answer 6

Necessity was a defence to a charge of reckless driving where duress of circumstances was established

Question 7

Pommell 1995

Answer 7

Considers delay of the act - It was submitted that the trial judge should not have summarily dismissed the defence P sought to advance and that it should have been left to the jury to decide upon the evidence. Issue of timing - held to the jury to deal with the issue on own accord.

Question 8

Abdul-Hussain 1999

Answer 8

The issue for the court was whether the defence of duress by threat or circumstances should have been presented to the jury at the appellants. Held, allowing the appeals, that the defence of duress by threat or circumstances was available to all offences other than murder, attempted murder and treason.

Question 9

Putting yourself in harms way -

Ali [1995] Crim LR 303
Baker [1999] 2 Cr.App.R. 335
Heath [2000] Crim LR 109

Answer 9

Ali - Held, allowing the appeal, that there was no evidence in this case of dangerous and serious harm in the future. He was a young man of essentially previous good character and there was nothing in his record or in the pre-sentence report which indicated that the offence was anything other than an aberration.

Baker - Held, that a jury considering whether a defendant was acting under duress when committing an offence were entitled to assistance from the judge on the limitations of the defence. (1) that a person must not voluntarily place himself in a position where he was likely to be subjected to duress, and (2) if a person could avoid the effects of duress, without risk to themselves or their immediate family, they should do so, had developed to prevent the defence being used by those who either became involved with criminal gangs voluntarily or could have avoided the threats altogether

Heath - Held, dismissing the appeal, that H could not avail himself of the defence of duress since he had voluntarily placed himself in a situation where it was likely that he would be subjected to threats and pressure to commit a criminal offence