Duress Of Threats Flashcards
R v graham
D killed due to fear of K. Convicted. Held the direction to juries should be subjective and objective tests
What are the subjective and objective tests?
Was d compelled to act as they did because they reasonably belive they had a good cause to fear serious injury?
If so would a sober and reasonable person with same characteristics respond in the same way?
Martin
D suffered from schizophrenia and claimed he was forced into 2 robberies. Conviction quashed. D’s mental condition is relevant in deciding his risk of safety
Bowen
D kept his £20,000 worth of stolen goods due to petrol bomb threats to him and family. Conviction quashed. Held that this was irrelevant in deciding wether D found it more difficult to resist threats: only consider age, sex, medical condition
What’s cases show no safe avenue of escape
Gill
Hudson and Taylor
Hussain
Gill
Claimed him and wife were threatened to steal a lorry. Had time to report it. Held ‘had safe avenue of escape so defence failed.
Hudson and Taylor
Girls threatened in court to save D. Socialised with gang. Conviction quashed. The threat must be ‘present’
What cases show imminence of threat
Hussain
R v Hussain
Sentenced to death fot a confession he was tortured to make. Held execution of threat doesn’t have to be immediate
Cole
D robbed shops due to family threat to repay money. Convicted. He has specifically not been told to commit robberies.
What cases show self induced duress?
Sharp
Shepard
Hasan
Sharp
Joined Robert gang and wanted to leave. Convicted. He knew when joining there would be violence
Shepard
Joined shoplifting gang. Threatened to stay. Conviction quashed. Question of weather duress is excluded when as a result of the cause voluntary association with owners: he should have foreseen the risk of being subjected to threats. Only when he foresaw risk of commuting a criminal offence. Only when the offences foreseen were of the same type as what were commuted
