Duress Of Threats Cases

Question 1

Threat must be of death or serious injury, lesser threats will not do

Answer 1

R v Singh 1973

Question 2

‘Threats of immediate death or serious personal violence are so great as to overbear the ordinary powers of human resistance’

Answer 2

AG v Whelan 1934

Question 3

Threats to expose sexual immorality are insufficient

Answer 3

R v Valderrama-Vega 1985

Question 4

D cannot fear psychological injuries, they must be physical

Answer 4

R v Baker and Wilkins 1997

Question 5

The threat must be to D or possibly his family

Answer 5

Martin

Question 6

Case law has developed the use the defence for even friends of D

Answer 6

Willer,

Conway

Question 7

Defence could be used for anyone for whose safety D reasonably regarded themselves responsible

Answer 7

Wright 2000

Question 8

Test for duress was laid down in this case

Answer 8

R v Graham 1982

Question 9

The use of duress test was approved by HL in this case

Answer 9

R v Howe and Bannister 1987

Question 10

The belief must be reasonable and genuine

Answer 10

Hasan 2005

Question 11

The reasonable person can be given certain characteristics of D if it made them more susceptible to pressure. E.g. Age, sex, pregnancy serious physical injury, mental impairment or PTSD

Answer 11

Bowen 1996

Question 12

A personality disorder is not a characteristic considered when addressing D’s susceptibility to pressure.

Answer 12

Hegarty 1994

Question 13

Excessive vulnerability or timidity is not a characteristic considered when addressing D’s susceptibility to pressure.

Answer 13

Bowen 1996

Question 14

Low IQ is not a characteristic considered when addressing D’s susceptibility to pressure.

Answer 14

Bowen 1996

Question 15

Intoxication cannot be used

Answer 15

R v Flatt 1996

Question 16

There must be no safe way out/ avoiding committing crime

Answer 16

R v Gill 1964

Question 17

D will also be expected to seek police protection as soon as possible

Answer 17

R v Pommell 1995

Question 18

Under old law any threat had to be imminent if not immediate (Overuled by R v Hasan)

Answer 18

Hudson + Taylor 1971

Question 19

Current law says that the threat must be immediate or almost immediate

Answer 19

R v Hasan 2005

Question 20

If D voluntarily becomes involved in a gang, knowing that crimes may he committed, will not be able to rely on defence.

Answer 20

R v Sharp 1987

Question 21

If D joined a gang in all innocence, he may be able to use duress

Answer 21

R v Shephard 1987

Question 22

Principle from Sharp was extended to include those who voluntarily associate with a person of a violent nature

Answer 22

R v Ali 1995

Question 23

Law Lords indicated that duress would be unavailable when D could have foreseen that he/she might be forced to commit a crime

Answer 23

R v Hasan 2005