Duress cases

Question 1

Hasan

Answer 1

• [2005]
• Hasan was charged with the crime of aggravated burglary. He was associated with a gang and relied on the defence of duress, pleading that he was blackmailed into committing the burglary to prevent his family from being harmed.
• The court held that the defence of duress was unavailable for Hasan because of his voluntary gang association and as such, he should have foreseen or ought to have foreseen the risk of being subjected to compulsion to commit criminal offences

Question 2

Abbott v R

Answer 2

• [1976]
• Abbott had taken part in a brutal killing following death threats against himself and his mother. He had held the victim whilst she was being attacked with a cutlass and then buried her alive.
• He was convicted of murder and sentenced to death.
• He appealed his conviction contending the defence of duress should have been available.
• The defence of duress is not available for murder to a principal in the first degree.

Question 3

Brandford

Answer 3

• [2016]
• The court confirmed that it does not matter whether a threat is directly or indirectly relayed, in this case by a man telling his girlfriend that he was at risk of serious harm if he did not provide drugs

Question 4

R v Graham

Answer 4

• [1982]
• Paul Graham had been drinking and taking drugs when he and his homosexual partner killed Graham’s wife.
• Graham claimed he was under duress as his co-defendant was a violent man.
• He was charged with first degree murder. He appealed against the conviction on the basis that the trial judge applied a subjective test to the defence of duress.
• Appeal dismissed

Question 5

Gotts

Answer 5

• [1992]
• Gotts, a sixteen-year-old boy, tried to kill his mother as he claimed that his father had threatened to shoot him unless he did so.
• Gotts stabbed his mother and caused serious injuries from which she survived. Gotts was charged with attempted murder.
• The trial judge ruled that the defence of duress was not available to him on a charge of attempted murder and instructed the jury to not consider this matter.
• Following this, Gotts changed his plea to guilty and appealed the conviction on the basis of the judge’s jury direction

Question 6

Conway

Answer 6

• [1989]
• Reckless driving. Police chase car after wanted passenger: driver (says) he fears they were gangsters.

Question 7

Baker

Answer 7

• [1997]
• Psychiatric harm

Question 8

van Dao (Vinh)

Answer 8

• [2012]
• False imprisonment
• cannabis factory workers. CA didn’t believe. “A threat of improsonment without the accompanying threat of violence is insufficient” - stated obiter

Question 9

Hammond

Answer 9

• [2013]
• Threatened to kill after receiving suggestive sexual comments
• Escaped under duress
• Appeal dismissed

Question 10

Howe

Answer 10

• [1987]
• Howe and Bannister, and the victim were driven by M to an isolated area, where they assaulted the victim and M killed him.
• Similarly, the three jointly strangled another victim and a third victim managed to escape.
• They were charged with murder on two counts and with a conspiracy of murder on one count.
• Howe and Bannister claimed that they committed the crimes because they feared for their own lives if they did not do as M directed.

Question 11

Vallerrama-Vega

Answer 11

• [1985]
• retired police officer who arrived at Gatwick Airport from Colombia when he was stopped by customs officers.
• They searched his suitcase and found almost two kilograms of cocaine hidden in a concealed compartment in his luggage.
• Argued he was under duress due to financial pressure and threats of disclosure of his sexuality

Question 12

Sharpe

Answer 12

• [1987]
• Sharp joined a gang of robbers that he knew possessed and used firearms.
• He participated in a robbery of a post office, in which the leader of the gang shot and killed a victim using a sawn-off shotgun.
• Sharp claimed in his trial that he was simply a ‘bagman’ and thought the ammunition that was loaded into the guns were blank.
• Sharp also attempted to employ the defence of duress as he wished to pull out of the robbery but had continued his participation as the gang leader had pointed a gun at his head and threatened to shoot him if he did not continue

Question 13

Cole

Answer 13

• [1994]
• borrowed a sum of money from a violent loan shark.
• This is a lender that charges exceptionally high amounts of interest on the sum borrowed.
• The amount due got out of hand and the loan shark threatened to inflict serious injury on Cole and his girlfriend if the money was not sharply repaid.
• Cole resorted to bank robbery to raise the necessary funds.
• In response to his charge for the offence he attempted to raise the defence of duress.
• The Court held that there was an insufficient link between the loan and the crime.
• He was not told to steal the money at any point by the loan shark, and therefore the defence failed.

Question 14

Harmer

Answer 14

• [2001]
• D, an addict, smuggled drugs. Knew dealer might be violent if he did not pay his debts, did not know he would coerce him to commit crime
• Duress not available

Question 15

Ali

Answer 15

• [2008]
• Falls into bad company with H, commits robbery after H threatens him: still puts himself in a position where he (should have) foreseen risk of compulsion by threats of violence.

Question 16

Willer

Answer 16

• (1986)
• Reckless driving. Police chase car after wanted passenger: driver (says) he fears they were gangsters.

Question 17

Martin

Answer 17

• (1989)
• Driving while disqualified: Wife said she would commit suicide if D did not (really, explicable as duress by threats).

Question 18

Pommel

Answer 18

• [1995]
• D said he had taken the sub-machine gun from X, who said he was going to kill someone, and intended to hand it over to the police.
• The Court of Appeal said the duress of circumstances should have been left to the jury. But is it the same as Willer and Conway?

Question 19

Bowen

Answer 19

• [1996]
• added pregnancy and serious physical characteristics