Duress by threats Flashcards
Next, we may be able to consider the defence of duress…
this is a complete defence for most crimes except murder (R V Howe) or attempted murder (R V Gotts). It is also important to consider the burden of proof in cases of duress rests on the prosecution).
What needs to be applied first for both duress by circumstances/ duress by threats?
R V Graham
What is meant by duress by threats?
-commits a crime due to threat of serious injury to themselves or others
What is the R V Graham 2 part test?
- Did the defendant reasonably believe he would be killed/ physically injured if he did not comply with the threats?
- Would a sober person of reasonable firmness done the same as the D did?
Which cases go with did the defendant reasonably believe he would be killed/ physically injured if he did not comply with the threats?
1- R v Valderrama-Vega
2- R V Gill
3- R V Hudson and Taylor
4- R V Hasan
R V Valderrama- Vega?
threats of death and personal injury are necessary for the defence of duress
R V Gill?
-D must not be able to avoid the threat.
-The threat must be immediate! Not when they have time to inform police.
R V Hudson and Taylor?
-As long as there was an immediacy present in their mind, duress can be considered.
-Situations where police protection wasn’t adequate.
R V Hasan?
-The threat must be immediate or almost immediate.
Which case goes with would a sober person of reasonable firmness do the same as the D did?
R V Bowen
What are the characteristics outlined in R V Bowen?
-age, pregnancy, serious physical disability, recognised mental illness/ psychiatric disorder.
Which case goes with self induced duress?
R V Hasan
R V Sharp
R V Shepard
R V Hasan (2)
-If the D voluntarily associates himself with criminals, he will not normally be able to use the defence
R V Sharp
-knew violence could be used when joining a gang (duress unavailable)
R V Shepard?
-if defendant had no knowlege of violence they may be able to rely on duress.
