Duress and Duress of Circumstances Flashcards

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1
Q

What was held in R v Howe? (For duress)

A

Duress cannot be used for murder or attempted murder

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2
Q

What was held in R v Hasan? (For duress)

A

Lord Bingham held that there must be:
1. Threat of death or serious injury
2. Directed at D or close family
3. Threat must be reasonable in the circumstances
4. Threats must cause D’s criminal conduct
5. D has no other choice
6. D can’t voluntarily open himself up to threats

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3
Q

What was the principle for duress in R v Valderrama-vega?

A

The threat must be effective at the time the crime is committed

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4
Q

How can the defendant act reasonably in light of threats? Duress

A
  • Defendant must believe they were in danger
  • A sober person of similar characteristics would act in the same way
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5
Q

What was held in R v Bowen? Duress

A

Relevant characteristics must go to the ability to resist pressure and threats

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6
Q

What was held in R v Graham? Duress

A
  1. Was D forced to act because of good reason to fear death/serious injury?
  2. Would a reasonable person have acted the same way?
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7
Q

What was held in R v Cole? Duress

A

There was an insufficient connection between the threats and the crime so duress could not be used

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8
Q

What was held in R v Gill? Duress

A

As he didn’t take any evasive action, the defence of duress could not be used

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9
Q

What was held in R v Sharp? Duress

A

No duress if D voluntarily joins a criminal organisation

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10
Q

What is the duress of circumstances?

A

The circumstances dictate the duress and not the individual

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11
Q

What was held in R v Pommell? Duress of circumstance

A

Duress of circumstances cannot be used for murder, attempted murder or treason

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12
Q

What was held in R v Cairns? Duress of circumstance

A

D must prove the perceived threat was reasonable and not if it was real

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13
Q

What is the result if the defence of duress is successful?

A

An acquittal

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14
Q

What is duress?

A

A person is threatened or forced to do something against their will

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15
Q

What is duress of circumstances?

A

Circumstances force the defendant to commit an offence

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16
Q

What was held in R v Ali?

A

Did D foresee or ought to have foreseen that they would be subject to compulsion by threats of serious violence?
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