Duress By Threats Flashcards
Define
Occurs when the D is forced to commit the criminal act by someone else
Hassan
Six part test must be satisfied
(Valderrama- Vega)
Must be threat to serious harm or death
(R v Hudson & Taylor)
Threat has to be effective but does not mean it has to be carried out immediately
(Lynch)
Threats to property NOT
(Singh)
Exposure of adultery NOT
(Quayle)
Threats to severe pain NOT
(Baker and Wilkins)
Psychological harm
(Martin)
Directed at D or immediate family
(Hassan)
Someone D is responsible for
(Conway)
Close to
Graham Test
Must be established that the D acted reasonably under..
D must honestly believe his life was in immediate danger (Hasan)- measured objective test (Martin- Ds mental condition affected his belief so taken into account). Would a sober person of reasonable firmness (sharing Ds characteristics) have responded in the same way (objective)
Relevant characteristics 5
Age, gender, pregnancy, physical health, disability
Not relevant?
Low IQ (Bowen)
Timidity/vulnerability (Hegarty)
(Cole)
Threats have to relate directly to the crime committed by D. D can only use the defence if the threats are made in order to commit a specific crime
(Gill)
Duress can only be used if the D is put in a situation where there is no safe avenue of escape. Fails if police available
(Sharp)
D cannot rely on duress if they have voluntarily laid themselves open to threats: D joins a criminal gang which they know is violent (Sharp), D puts themselves in a position where they foresaw/ should have seen the risk of being forced (Hasan)
