duress of threat

Question 1

duress meaning

Answer 1

A defence based on the fact that the defendant has been forced to commit a crime either as a result of direct threat or of circumstances, can be used for all crimes except murder, attempted murder and possibly treason

Question 2

part 1 of Graham test with case relevant

Answer 2

1- was defendant impelled to act because as a result of what he reasonable believed the coercer had said or done, he had a good cause to fear death or serious injury
- Valderama-Vega, threat to expose homosexuality could not be enough but combined with death threats was sufficient

Question 3

part 2 of Graham test with relevant case

Answer 3

2- would a sober person a reasonable firmness sharing characteristics of accused, have responded in the same way?
- Bowen, cannot take low IQ into account but can consider age, pregnancy, recognised mental illness, serious physical disability, sex

Question 4

duress can only be used when: (and give name of cases)

Answer 4

defendant is in a situation where he has no safe avenue of escape so if police protection is possible then the defence is unavailable
- Hudson and Taylor, Cole, Sharp, Sherperd, Hasan, Gill

Question 5

the threat, within reason, is to be immediate (with case)

Answer 5

Hudson and Taylor, two girls lied under oath due to threats to cut them up, threat need not be able to be carried out immediately

Question 6

The threats are in order to make him commit a specific offence (give case)

Answer 6

Cole, defendant owed money to loan shark threatened him and his girlfriend with serious violence and as he repaired the money, defendant robbed a building society to repay the money and [there is an insufficient link between crime and threat]

(nexus with crime, nexus means connection)

Question 7

defendant has brought the situation on himself, where defendant has voluntarily join the gang knowing that they would likely to use violence, duress will not be available (give case)

Answer 7

Sharp, defendant joined gang who carried out armed robberies and he wished to leave but was threatened with serious violence, took part in a robbery of a post office in which the postmaster was killed and was convicted of murder

Question 8

R v Sherperd (gang case)

Answer 8

D is member of a gang of shoplifters. He tried to leave
but was threatened with violence against himself and family if he did
not continue. Charged with burglary

Question 9

R v Hassan (gang case)

Answer 9

• don’t have to foresee

the specific crime that you might be pressured to commit

Question 10

duress key points

Answer 10

D had actus reus and mens rea for the offence
• Impelled to commit the crime because of a threat or circumstances
• Complete defence to all crimes EXCEPT murder, attempted murder
and possibly treason (however duress can be taken into account
when setting tariff for murder)
• Burden of proof - D raises the defence; prosecution must disprove it.

Question 11

Evasive action? Escape? Police?

Answer 11

Gill, Duress can only be used if there is no safe avenue of escape
(Threats to D and wife unless he stole a lorry but there was some time
he was alone so could have raised the alarm)
• If police protection is possible then D can’t rely on duress
Threat need not be immediate but must be imminent
• (Previously thought that if threat was not immediate then there is
little doubt that D could have taken evasive action; changed from
immediate to imminent based on R v Hudson and Taylor)