Duress by threats

Question 1

Duress by threat

Answer 1

-A full defence
-Not a defence for murder R v Howe. or attempted murder R v Gotts

Question 2

Tests for defence

Answer 2

R v Hasan sets out test
1. Must be threat to cause death or serious injury
2. Threat must be directed against D or Close friends/family
3. Whether D acted reasonably in light of threats
4. Threats relate directly to crime committed by D
5. No evasive action D could have taken
6. D cannot use defence if they voluntarily laid themselves open to threats

Question 3

The threat

Answer 3

-Has to be of death or serious injury
-Can consider cumulative threats if they individually aren’t enough R v Valderrama-vega

Question 4

Did defendant act reasonably

Answer 4

R v Graham set out two stage test
1. Was D compelled to act as they did because they genuinely believed risk of serious injury or death
2. Would a sober person of same characteristics have behaved same way

Both questions are objective questions and up to jury to decide if they satisfy

Question 5

Characteristics

Answer 5

Only characteristics that have to do with ability to resist pressure and threats are relevant. Age, Sex, Pregnancy, Serious physical disability
R v Bowen - low iq not relevant

Question 6

Do threats relate to crime directly

Answer 6

-Defence only available if threats are made in order to make D commit offence
-Offence must be stated by person making the threat
-If no threat, no defence available. R v Cole

Question 7

Evasive action

Answer 7

Duress can only be used as a defence if D is put in situation where they have no escape. R v Gill

Question 8

D lay himself open to threats

Answer 8

Cannot use defence if D put himself in a position where such threats could be made. R v Shepherd