Duress by Threats Flashcards
1
Q
R v Howe
A
- D was party to the torture and killing of a man.
- He later did the same while on his own.
- D said he had been threatened to do so.
- “Availability”
- The defence to murder was refused, as one person’s life is not worth more than another’s.
2
Q
R v Gotts
A
- D, 16, was threatened by his father into stabbing his mother to death.
- “Availability”
- There was no defence to attempted murder.
3
Q
R v A
A
- D stated she had been threatened with rape in order to commit a crime.
- “Availability”
- The CofA stated that rape is acceptable as a threat, but evidence for the threat was rejected. This contention remains obiter.
4
Q
R v Valderrama-Vega
A
- D imported cocaine, threatened with the exposure of his homosexuality, death and financial ruin.
- “Type of Threat”
- All threats can be considered but must contain a threat of death. Other kinds of threat are insufficient.
5
Q
R v Wright
A
- D was arrested with cocaine but said she had it because her boyfriend had been threatened.
- “Personal Responsibility for Another”
- Persons to whom the threat is made to includes those outside the immediate family.
6
Q
R v Graham (Graham Test)
A
- D lived with his wife and his homosexual lover, K. D helped K kill his wife. D said he was frightened of K.
- “‘Graham’ Suitability Test”.
- A test of general suitability was created.
7
Q
R v Hasan
A
- D associated with a violent drug dealer and was threatened into carrying out a burglary/robbery.
- “Imminence”
- The threat must be, or be believed to be, immediate or almost immediate.
- Criticises Hudson and Taylor - D should seek protection.
8
Q
R v Cole
A
- D robbed a building society to repay debt after he and his family were threatened.
- Nexus, bringing them all together.
- D chose this course of action to repay debt; there was no threat/defence of duress.
9
Q
R v Hudson and Taylor
A
- Two girls lied on oath because of threats cut up to them.
- The threat not need be capable of being carried out immediately.
- Recognised that police protection cannot always be effective.
- Take into account age and gender.
10
Q
R v Bowen
A
- D had a low IQ, obtaining goods by deception for two men because of petrol bomb threat.
- Cannot take low IQ into account, only age, pregnancy, recognised mental illness and gender.
11
Q
R v Abdul-Hussain
A
- Hijacked plane to escape from persecution in Iraq.
- Threat must be ‘imminent’ and operating on D’s mind when he commits the offence.
12
Q
R v Gill
A
- Threatened so he stole a lorry, but had time to escape and raise the alarm.
- “Avenue of Escape”
- Cannot use duress if D has a safe “Avenue of Escape”
