Duress by Threats

Question 1

what is duress by threats

Answer 1

individual is forced into committing an offence because of threats of immediate death/personal violence
Whelan

Question 2

Whelan

Answer 2

handled stolen goods

established what is duress by threats

Question 3

when is duress by threats available

Answer 3

all offences EXCEPT;
murder, (R v Howe)
attempted murder,
treason

regardless of age (R v Gotts)

Question 4

R v Howe

Answer 4

duress not avaliable for murder/attempted murder

Question 5

R v Gotts // R v Wilson

Answer 5

duress not available for murder ,attempted murder, treason regardless of the age of defendant (in this case was 16)

Question 6

what are the elements of Duress by threats

Answer 6

1. must be a threat
2. no save avenue of escape
3. imminent threat
4. specific intent

Question 7

1. what must the threat be?

Answer 7

threats must be of death or serious injury - against family, partner, immediate family // R v Valderama-Vega

Graham Test often used
“was D compelled to act because they reasonably believed they should fear death/serious injury”
“would the sober reasonable person have acted in the same way”

Question 8

R v Vladelrama-Vega

Answer 8

threatened to reveal homosexuality AND violence against family

threats must be of death or serious injury - against family, partner, immediate family
Homosexuality alone wasn’t enough

Question 9

R v Graham

Answer 9

Graham Test often used
“was D compelled to act because they reasonably believed they should fear death/serious injury”
“would the sober reasonable person have acted in the same way”

Question 10

2. no safe avenue of escape

Answer 10

there mustn’t be an opportunity for the Ds to receive some help i.e contact police
R v Gill
R v Hudson+Taylor
R v Hasan

this is decided on a case by case basis

Question 11

3. imminent threat

Answer 11

the threat doesn’t have to be instant/effective at the time of offence BUT

MUST OPERATE ON THE DS MIND AT THE TIME OF COMMITTING THE OFFENCE

R v Abdul-Hussein

Question 12

R v Abdul-Hussein

Answer 12

threat didn’t have to me immediate

Question 13

4. specific crime

Answer 13

the D must be told to commit a specific crime, i.e explicitly told to rob a bank
unlike R v Cole

Question 14

R v Cole

Answer 14

stole money from bank because threatened if didn’t pay back loans

wasn’t told specifically to rob banks so no defence

Question 15

Rules on intoxication

Answer 15

if intoxication is irrelevant to the threats then it is allowed,

HOWEVER

if intoxication leads to a drunken mistake then no defence

Question 16

rules on self-induced duress

Answer 16

no defence if the D is knowingly putting themselves into a situation likely to lead to threats of a serious nature

R v Sharp
R v Shepard (didn’t know)