Duress by threats Flashcards

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1
Q

A- G v Whelan

A

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

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2
Q

R v Hasan sets out the elements which are…

A
  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
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3
Q

R v Howe

A

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

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4
Q

R v Wilson

A

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

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5
Q

R v Gotts

A

Defence of duress also not available for attempted murder

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6
Q

The threat

A

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

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7
Q

R v Valderama Vega

A

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

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8
Q

R v Hammond

A

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

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9
Q

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

A

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

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10
Q

R v Hudson and Taylor

A

Defence was given to the jury as threat was present

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11
Q

The threat must be made against:

A
  • D
  • Immediate family
  • Someone close to them
  • Person who’s safety D would reasonably regard as their responsibility
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12
Q

Did the defendant act reasonably?

A

Graham

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13
Q

Graham

A

Convicted - fear was not enough for the defence of duress

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14
Q

Graham test

A
  • 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
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15
Q

R v Bowen

A

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.

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16
Q

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

A
  • Age
  • Pregnancy
    -Serious physical disability
  • Recognised mental illness or psychiatric disorder
  • Gender
17
Q

R v Martin

A

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

18
Q

Threat related to the crime

A

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

19
Q

Cole (1994)

A

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

20
Q

Immediacy and evasive action

A

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.

21
Q

R v Gill

A

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

22
Q

R v Abdul- Hussain

A

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

23
Q

Self-induced duress

A

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