Duress Of Threats Flashcards
The threat must be immediate or almost immediate
R v Hasan 2005
There must be threat of death or serious injury
R v Singh 1973
The injury must be physical and not pyschological
R v baker and Wilkins 1997
The threat need not be the sole reason for D to commit the offence
R v valderama-vega 1985
Threats to expose D’s sexual immortality are insufficient for the defence of duress
R v valderama-vega 1985
The threat must be to D or family (older law)
R v Martin
Threat to anyone whose safety D reasonably regards their self reponsible
R v Wright 2000
D has to be told the crime to commit
R v Cole 1994
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?
Death
Serious injury
Good cause to do so
Reasonable
Genuine
Similar person
Of reasonable firmness
Approved the graham test
R v Howe and bannister 1987
PTSD can be taken into consideration for characteristics but not Low IQ or excessive vulnerability or timidity
R v Bowen 1996
A personality disorder cannot be taken into consideration
R v hegarty 1994
Intoxication cannot be used as a defence of duress
R v flatt 1996
Duress is not available for murder
Dudley and Stephens 1884
Duress isn’t available for murder whether D is the killer or a second party to the murder
R v Howe and bannister 1987
Duress was used for murder in this case but was soon overturned in R v Howe
Lunch v DPP N Ireland 1975
There is no defence of duress for attempted murder (obiter of r v Howe )
R v Gotts 1991
There must be no safe way out
R v Gill 1963
D is expected to seek police protection
R v Pommell
D’s age used to be taken into account as to whether D sought police protection
Hudson V Taylor 1971
Over ruled Hudson v Taylor and it is no longer acceptable to NOT seek police protection
R v Hasan 2005
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
R v sharp 1987
If D joined a gang innocently they may be able to have the defence of duress (up to jury)
R v shepherd 1987
Principle in r v sharp is extended to voluntarily associating with a person of violent nature
R v Ali 1995
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
R v Hasan 2005
Threat is such that it overbears D’s will
AG v Whelan 1934
