Duress and Necessity

Question 1

What is duress?

Answer 1

When the D is faced with a choice of 2 evils, they either have to commit the crime or suffer an even more unpleasant consequence

Question 2

What are the 3 types of duress?

Answer 2

1. Duress by threats

2. Duress by circumstances

Question 3

What is duress by threats?

Answer 3

Where D = forced/ fells compelled to commit a criminal offence due to threats by a person/ circumstance
D claims he committed the AR of crime with required MR
BUT MR = only formed; had no effective choice

Question 4

What is the defence of duress by threats recognised as?

In what case?

Answer 4

‘A concession of human frailty’

R v Howe (1989)

Question 5

Who raises the defence of duress?

Who has to disprove it?

Answer 5

Defence raise the defence
Prosecution have to disprove it
Successful plea = acquittal

Question 6

What must the threats must the D be facing?

DBT

Answer 6

Threats od death/ serious injury
Nothing else will suffice
BUT this is not needed for