duress by threats

Question 1

what is it not available for?

Answer 1

murder or attempted murder

Question 2

what is it?

Answer 2

complete defence, if successfully argued results in complete acquittal.

Question 3

when can duress be used?

Answer 3

D has done the offence and has the necessary mens rea and acts real but they haven’t had an effective choice in the actions.

Question 4

what are the 2 types?

Answer 4

duress of circumstances

duress by threats

Question 5

r v howe

Answer 5

D was allowed duress for first killing as a secondary party, not allowed for second killing as primary offender.

Question 6

Lord Hailsham

Answer 6

“I do not at all accept in relation to the defence of murder it is either good morals, good policy or god law to suggest…that the ordinary man of reasonable fortitude is not supposed to be capable of heroism if he is asked to take an innocent life rather than sacrifice his own”

Question 7

r v gotts

Answer 7

D threatened by father to stab his mum. convicted of attempted murder. Duress not available

Question 8

r v wilson

Answer 8

D and father charged with murder of mother. D said too frightened of dad not to help, duress provides no defence for murder.

Question 9

r v Valderrama vega

Answer 9

illegally imported cocaine. claimed death threats to his family & disclose he was gay & financial pressure. Only threats of death could constitute duress, but jury entitled to consider whole of threats

Question 10

what is the graham subjective test?

Answer 10

Was the defendant compelled to act as they did because they reasonably believed they had good cause to fear serious injury or death

Question 11

what is the graham objective test?

Answer 11

if so, would a sober person of reasonable firmness, sharing the same characteristics of the accused, have responded in the same way?

Question 12

r v graham

Answer 12

man lived with his wife and violent man. man told D to hang his wife, hung her for 1 min, she died. murder conviction upheld.

Question 13

r v martin

Answer 13

it was ruled that duress and self defence should be treated in the same way in regard to belief of circumstances.

Question 14

r v Bowen

Answer 14

set out what characteristics can be taken into account. characteristics must relate to the ability to resist pressure and threats.

Question 15

what characteristics are taken into account?

Answer 15

age- older and younger people
pregnancy-additional threat
serious physical disability 
recognised mental illness or psychiatric disorder. not including low IQ
gender

Question 16

r v gill

Answer 16

man and wife told to steal a lorry. had a period of time where they could’ve raised the alarm so had “a safe avenue of escape”

Question 17

police protection

Answer 17

not always effective

deciding if police protection was realistic course-age & circumstance of threat & risks of seeking police protection

Question 18

imminence of threat

Answer 18

threat must be effective at the moment the crime is committed
threats don’t need to be carried out immediately

Question 19

r v Hudson & Taylor

Answer 19

no duress as threat couldn’t be put into effect while they were giving evidence
no reason why they couldn’t give truthful evidence

Question 20

r v Hussain

Answer 20

feared they would be sent back to hijacked a plane

appeal quashed convictions as threat need not be immediate but hanging over theD.

Question 21

when can it be used?

Answer 21

can only use if threats are to make them commit a specific offences

Question 22

r v hasan

Answer 22

not available when “as a result of the accused’s voluntary association with others engaged in criminal activity, HE FORESAW OR OUGHT REASONABLY TO HAVE FORESEEN the risk of being subjected to any compulsion by threats of violence.

Question 23

r v shepherd

Answer 23

was with gang of shoplifters usually non violent. D said stop then threatened with violence. no knowledge gang would turn violent

Question 24

Availability & cases

Answer 24

all offence but 
murder
attempted murder
r v howe
r v gotts

Question 25

seriousness of threat & cases

Answer 25

must be death or serious injury-always a threat of injury

Valderrama vega

Question 26

r v Cole

Answer 26

no direct link between the threats and robberies he committed. threats directed at repayment not robbery

Question 27

r v sharp

Answer 27

D knew gang would use violence in robberies so duress not available

Question 28

subjective & objective cases

Answer 28

r v Bowen

r v graham

Question 29

self induced duress & cases

Answer 29

NOT available when
D joins criminal gang which they know is violent
D puts himself in position where foresaw risk of being threatened
r v sharp
r v hasan