duress - defences Flashcards
what is duress?
duress is when the defendant is put in a situation where they are forced to commit a crime due to fear. this threat may have been caused by threats or circumstances.
what is duress by threats?
this is a defence used when there is a threat of death or serious injury. this defence is not allowed if there is less than this.
R v Valderrama Bega (1985)
the fear of death or serious injury need not be the only factor causing the defendant to commit the crime. where there are several factors and the defendant acts because of the cumulative effect of them, the defence will be available.
how can we establish duress by threats?
-a two-stage test developed in the case of R v Graham (1982)
-the defendant must reasonably believe and have good cause to fear the threat.
-a sober person of reasonable firmness sharing the defendants characteristics would have acted in the same way.
what is self-induced stress?
self-induced duress is where the defendant acts in a way that could place them under duress (R v Sharpe). If they know the risk of this, they cannot use the defence.
R v Abdul-Hussain (1999)
the threat need not be immediate but there must be an imminent peril of death or serious injury.
what is duress of circumstances?
for a defence of duress by circumstances to be pleaded successfully, the defendant must have been in a situation where they feared death or serious injury, and in which the circumstances were such that the defendant had no option to commit a crime.
R v Willer (1986)
the defendant must show that they acted in the way they did because they reasonably perceived a threat of death or serious injury.
what six elements of duress are needed which was identified in the case of R v Hasan (2015)
-the threat (or circumstances) must cause the defendant to fear death or serious injury.
-the threat must be directed against or must cause the defendant to fear for themselves, a member of their immediate family, someone close to them, or a person who relied on the defendant as responsible for their safety.
-the jury must consider the reasonableness of the defendants perceptions and conduct.
-the defence is only available where the criminal conduct that it seeks to excuse has been directly caused by the threats that are relied upon.
-there was no evasive action that the defendant could have reasonably be expected to take
-the defendant may not rely on duress if they have voluntarily laid themselves open.
R v Gotts (1992)
the defence of duress is not available for murder or attempted murder.
