Duress by threat Flashcards
Definition (Threats)
A defendant who commits a nominated crime due to the threats of serious violence or death which have been made to them or someone close to them.
R v Gotts
Duress not available for murder or attempted murder
R v Hasan
Set out 6 part test
R v Hammond
Threat must be of death or serious injury. And must imminently or immediately be likely to have serious consequences.
Directed Towards?
The threat must be directed towards D, their immediate family or someone whose safety they would regard themselves legally responsible for.
R v Graham
2 Stage Test:
D compelled by a reasonable belief they had good reason to fear death or serious injury.
Would a sober person of reasonable firmness with the same characteristics of D have acted in a similar way?
R v Cole
Threat must be made in order to commit a specific offence. Stated by the person making the threat.
R v Gill
There must be no safe avenue of escape
R v Sheperd
If D has voluntarily laid themselves open to threats they cannot use the defence.
