Duress by threats

Question 1

A- G v Whelan

Answer 1

’ Threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human nature’

Question 2

R v Hasan sets out the elements which are…

Answer 2

1. Must be a threat to cause death or serious injury
2. The threat must be directed against the D or their immediate family or someone close to them.
3. Whether the D acted reasonable in the light of the threats will be judged objectively.
4. The threat must relate directly to the crime committed by D.
5. There was no evasive action that D could have taken.
6. The D can’t use the defence if they voluntarily opened themselves up to threats

Question 3

R v Howe

Answer 3

Defence of duress is not available for murder as one life is no more valuable than the other

Question 4

R v Wilson

Answer 4

Duress is no defence to murder, no matter how frightened he was of his father.

Question 5

R v Gotts

Answer 5

Defence of duress also not available for attempted murder

Question 6

The threat

Answer 6

The defence must be based on threats to kill or do serious bodily harm

Question 7

R v Valderama Vega

Answer 7

Death threats made the Jury entitled to consider duress, the threats to out his homosexuality would not have been enough on their own

Question 8

R v Hammond

Answer 8

Duress was not available because evidence was insufficient to show that the threat was imminent

Question 9

The threat must be effective at the moment the time is committed

Answer 9

This does not mean that the threats need to be able to be carried out immediately

Question 10

R v Hudson and Taylor

Answer 10

Defence was given to the jury as threat was present

Question 11

The threat must be made against:

Answer 11

• D
• Immediate family
• Someone close to them
• Person who’s safety D would reasonably regard as their responsibility

Question 12

Did the defendant act reasonably?

Answer 12

Graham

Question 13

Graham

Answer 13

Convicted - fear was not enough for the defence of duress

Question 14

Graham test

Answer 14

• Was the defendant compelled to act as they did because they reasonably believed they had good cause to fear serious injury or death
• Would a sober person of reasonable firmness sharing the characteristics of the accused, have responded in the same way

Question 15

R v Bowen

Answer 15

D had a low IQ of 68, this wasn’t enough for a defence based on characteristics of the defendant. Doesn’t affect his ability to resist pressure or threats.

Question 16

What was accepted as a characteristic that could affect in Bowen?

Answer 16

• Age
• Pregnancy
  -Serious physical disability
• Recognised mental illness or psychiatric disorder
• Gender

Question 17

R v Martin

Answer 17

Appeal allowed- D’s condition of paranoid schizophrenia may have been an influence to his decision and why he was susceptible to threats

Question 18

Threat related to the crime

Answer 18

Threat must be specifically related to the crime that has been committed

Question 19

Cole (1994)

Answer 19

Threats were not directed at the crime so no connection between threats and crime committed, duress not available as a defence

Question 20

Immediacy and evasive action

Answer 20

Threat must be immediate or imminent in the sense that it is operation upon the accused at the time the crimes was committed. There was no safe avenue of escape from the D.

Question 21

R v Gill

Answer 21

Period of time between stealing the lorry where he could have raised the alarm, defence of duress by threats was not available.

Question 22

R v Abdul- Hussain

Answer 22

Threat did not have to be immediate but imminent as it was hanging over them in making their decision to hijack a plane

Question 23

Self-induced duress

Answer 23

Where D has brought the duress to themselves through his own actions