Duress by threat

Question 1

Where is duress contained and defined

Answer 1

Common law

Question 2

Define duress

Answer 2

Defendant being forced to commit a crime due to a direct threat and ‘founded on a concession to human frailty’ where a person is so overcome by fear of threats, where if the D had not been threatened they wouldn’t have committed the offence. It is available to all crimes apart from murder and attempted murder - R v Howe, R v Gotts

Question 3

Rules of duress

Answer 3

Must be a threat of death, serious injury or rape - R v Valderrama -Vega
Can be a combination of threats
Threat must contain the D, their family or someone they are responsible for - R v Wright

Question 4

2 part graham test

Answer 4

1. Was D compelled to act because they reasonably believed they had good reason to believe death/serious injury would occur
2. Would a sober, reasonable person of reasonable fairness having the same characteristics as the D, have acted in the same way.

Question 5

Safe avenue of escape

Answer 5

If there is a safe avenue of escape it must be pursued - either get to a safe place or call police - R v Gill

Question 6

When the defence may fail

Answer 6

The defence will usually fail if the D associates with people known to make threats, e.g. criminal gangs or terrorists - R v Sharp

Question 7

R v Sharp

Answer 7

The defence of duress is not available to an individual who voluntarily joins a criminal gang or organisation, particularly when they are aware that such involvement may lead to pressure to commit crimes

Question 8

Timing of the threat

Answer 8

The threat must be effective and be operational when the D carries out the crime, the threat of death or serious harm must be immediate or almost immediate - R v Hasan

Question 9

R v Gill

Answer 9

The defence of duress was not applicable because the defendant had a “safe avenue of escape” and sufficient time to seek help or avoid committing the crime

Question 10

R v Graham

Answer 10

Test for duress by threat was created

Question 11

R v Wright

Answer 11

Persons to whom the threat is made include those outside the immediate family

Question 12

R v Hasan

Answer 12

Threat must be, or be believed to be immediate or almost immediate

Question 13

R v Howe

Answer 13

The court ruled that duress can be a defence to most crimes, but not to murder as 1 persons life is not worth more than another

Question 14

R v Gotts

Answer 14

There was no defence to attempted murder

Question 15

R v Valderrama-Vega

Answer 15

All threats can be considered but it must contain death or serious injury