Duress by Threat

Question 1

Rules laid down in

Answer 1

(R v Hasan)

Question 2

Define

Answer 2

Based on the premise that the defendant was forced to commit the offence due to being threatened with serious violence or death.

D will have to choose between death or committing a crime and within such a situation it is clear they will choose their own life.

If defence fails the D will be liable of the full offence as they have both the actus reus and mens rea.

Question 3

Requirement 1/6 (threat)

Answer 3

The threat must be of death or serious physical injury.

Question 4

Requirement 2/6 (directed)

Answer 4

Threat must be directed against the defendant or immediate family.

Question 5

Requirement 3/6 (immediate harm)

Answer 5

(R v Abdul-Hussain) - court preferred imminent rather than immediate.

(R v Hasan) - prefer ‘immediate’ - if there is a delay between threat and it being carried out - D could’ve taken action e.g. going to the police

Question 6

Requirement 4/6 (specified crime)

Answer 6

(R v Cole) - must be some connection between the threat and the crime the D was compelled to commit e.g. has to steal money and has done.

Question 7

Requirement 5/6 (threat must be so great)

Answer 7

The threat must be so great as to overbear the ordinary powers of human resistance.

(R v Horne) - objective question - would a sober person of reasonable firmness, sharing the D’s characteristics, have responded to the D’s belief in the same way?

Question 8

Requirement 6/6 (restrictions)

Answer 8

(R v Hasan) - if D voluntarily becomes or remains associated with others engaged in criminal activity in a situation where he knows or ought reasonably to know that he may be the subject of compulsion by them or their associates, he cannot rely on the defence of duress.