Duress Of Threats

Question 1

The threat must be immediate or almost immediate

Answer 1

R v Hasan 2005

Question 2

There must be threat of death or serious injury

Answer 2

R v Singh 1973

Question 3

The injury must be physical and not pyschological

Answer 3

R v baker and Wilkins 1997

Question 4

The threat need not be the sole reason for D to commit the offence

Answer 4

R v valderama-vega 1985

Question 5

Threats to expose D’s sexual immortality are insufficient for the defence of duress

Answer 5

R v valderama-vega 1985

Question 6

The threat must be to D or family (older law)

Answer 6

R v Martin

Question 7

Threat to anyone whose safety D reasonably regards their self reponsible

Answer 7

R v Wright 2000

Question 8

D has to be told the crime to commit

Answer 8

R v Cole 1994

Question 9

The graham test, fill in the blanks

1a. D feared ? Or ? And had ? To do so
1b. The belief must be ? And ? (Hasan)
2. Would the sober, ? Person of ? Fear the threat?

Answer 9

Death
Serious injury
Good cause to do so

Reasonable
Genuine

Similar person
Of reasonable firmness

Question 10

Approved the graham test

Answer 10

R v Howe and bannister 1987

Question 11

PTSD can be taken into consideration for characteristics but not Low IQ or excessive vulnerability or timidity

Answer 11

R v Bowen 1996

Question 12

A personality disorder cannot be taken into consideration

Answer 12

R v hegarty 1994

Question 13

Intoxication cannot be used as a defence of duress

Answer 13

R v flatt 1996

Question 14

Duress is not available for murder

Answer 14

Dudley and Stephens 1884

Question 15

Duress isn’t available for murder whether D is the killer or a second party to the murder

Answer 15

R v Howe and bannister 1987

Question 16

Duress was used for murder in this case but was soon overturned in R v Howe

Answer 16

Lunch v DPP N Ireland 1975

Question 17

There is no defence of duress for attempted murder (obiter of r v Howe )

Answer 17

R v Gotts 1991

Question 18

There must be no safe way out

Answer 18

R v Gill 1963

Question 19

D is expected to seek police protection

Answer 19

R v Pommell

Question 20

D’s age used to be taken into account as to whether D sought police protection

Answer 20

Hudson V Taylor 1971

Question 21

Over ruled Hudson v Taylor and it is no longer acceptable to NOT seek police protection

Answer 21

R v Hasan 2005

Question 22

If d voluntarily becomes involved in a gang, knowing the crimes they commit they can not use the defence if the gang turns on them

Answer 22

R v sharp 1987

Question 23

If D joined a gang innocently they may be able to have the defence of duress (up to jury)

Answer 23

R v shepherd 1987

Question 24

Principle in r v sharp is extended to voluntarily associating with a person of violent nature

Answer 24

R v Ali 1995

Question 25

Duress is unavailable if D foresaw or should have foresaw that they may be forced to commit an offence by being subjected to threats from an individual or gang

Answer 25

R v Hasan 2005

Question 26

Threat is such that it overbears D’s will

Answer 26

AG v Whelan 1934