Duress by threats

Question 1

Duress by threats

Answer 1

where the defendant commits an offence because they were threatened with death or serious injury

Question 2

what crimes is duress available for?

Answer 2

ALL CRIMES

except:
- murder
- attempted murder
- treason

Question 3

R v Howe

Answer 3

The defence of duress is not available to anyone who commits murder or is a secondary party to murder (get away driver)

Question 4

R v Wilson

Answer 4

Duress is still not available to murder even where the defendant is young and more susceptible to pressure

Question 5

R v Gotts

Answer 5

D was forced to stab his mother by his father, D done so but didn’t kill her. D was convicted of attempted murder
DURESS IS NOT AVAILABLE FOR ATTEMPTED MURDER

Question 6

Seriousness of threats

Answer 6

the threats must be so serious that it overpowers the defendants personal will making them commit an act they would otherwise not do
-MUST BE OF DEATH OR SERIOUS INJURY

Question 7

R v Vaga

Answer 7

D was threatened to smuggle cocaine if he didn’t they would kill him and expose his homosexuality
- The threat of exposure of his sexuality is NOT enough to allow the defence
BUT
the cumulative effect of him being threatened with death and exposure allowed the defence

Question 8

Who must the threat be to?

Answer 8

To the defendant, his partner or his immediate family

Question 9

What is the subjective test the jury must consider when allowing the defence of duress by threats

Answer 9

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

Question 10

What is the objective test that must be satisfied to allow the defence of duress by threat

Answer 10

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

Question 11

What case established the objective and subjective tests for allowing the defence of duress by threats

Answer 11

R v Graham

Question 12

R v Martin

Answer 12

Developed the two stage test for the defence to allow it to consider special characteristics of the defendant that may made him more likely to believe the threats

Question 13

What characteristics can be taken into consideration when deciding whether a defendant was more susceptible to threats

Answer 13

• age
• pregnancy
• serious physical disability
• recognised mental condition or psychiatric disorder
• gender

Question 14

Safe avenue of escape

Answer 14

THERE MUST BE NO SAFE AVENUE OF ESCAPE
R v Gill- there was presence of a safe avenue of escape due to the period of time alone before the defendants threatened to harm him and his wife

Question 15

R v Hudson and Taylor

Answer 15

• Police protection is not always effective

- consideration of the age of the defendants (17 and 19)

Question 16

Imminence of threat

Answer 16

The threat must be effective at the moment the crime was committed but not immediately carried out

• R v Abdul Hussain - the threat led not be immediate but it had to be imminent in the sense that it was hanging over their heads
• the peril must operate on the defendants mind at the time of committing the otherwise criminal act, so that it overbears their will

Question 17

specific offence- DURRESS BY THREATS

Answer 17

The defence is only available where the defendant can prove that they were threatened to commit a specific offence
R v Cole - Ds family was threatened to make him repay money, he then committed a burglary in order to repay the debt - d was convicted because he wasn’t threatened to commit the robberies

Question 18

Intoxication and duress

Answer 18

If D become voluntarily intoxicated and mistakenly believes there is a threat then the defence is NOT available

Question 19

Self induced duress

Answer 19

Defence is NOT available where the defendant:

• joins a criminal gang which they know is violent = Sharp
• where D put themselves in a position where they foresee risk of being subject to threats = Hasan