Duress Flashcards
Flex round neck
R v graham
Money lenders threaten him
R v Cole
Threatening to damage property not enough
R v lynch
Threat of serious injuries must be physical but the threat of death or serious injury need not be the only threeat
He had threats against him financially and to expose his sexuality
Valderamma vega
Got off a plane in st Lucia
R v Wright
He and wife threatened with violence unless they stole a lorry
R v Gill
Threat must be able to be carried out immediately or almost immediately
R v hasan
Violent / non violent gang
Sharp/ shepherd
Obtained goods for a gang after threats his family would be petrol bombed
R v Bowen
Defence not available in murder
R v Howe
Not available for attempt murder
R v gotts
Duress of circumstances same as duress of threat
R v Martin
Duress of circumstances available accept for murder attempted murder
R v pommel
If D mistaken about presence of threat it’s still available
R v cairns
