Duress Of Threats Cases Flashcards
Threat must be of death or serious injury, lesser threats will not do
R v Singh 1973
‘Threats of immediate death or serious personal violence are so great as to overbear the ordinary powers of human resistance’
AG v Whelan 1934
Threats to expose sexual immorality are insufficient
R v Valderrama-Vega 1985
D cannot fear psychological injuries, they must be physical
R v Baker and Wilkins 1997
The threat must be to D or possibly his family
Martin
Case law has developed the use the defence for even friends of D
Willer,
Conway
Defence could be used for anyone for whose safety D reasonably regarded themselves responsible
Wright 2000
Test for duress was laid down in this case
R v Graham 1982
The use of duress test was approved by HL in this case
R v Howe and Bannister 1987
The belief must be reasonable and genuine
Hasan 2005
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
Bowen 1996
A personality disorder is not a characteristic considered when addressing D’s susceptibility to pressure.
Hegarty 1994
Excessive vulnerability or timidity is not a characteristic considered when addressing D’s susceptibility to pressure.
Bowen 1996
Low IQ is not a characteristic considered when addressing D’s susceptibility to pressure.
Bowen 1996
Intoxication cannot be used
R v Flatt 1996
There must be no safe way out/ avoiding committing crime
R v Gill 1964
D will also be expected to seek police protection as soon as possible
R v Pommell 1995
Under old law any threat had to be imminent if not immediate (Overuled by R v Hasan)
Hudson + Taylor 1971
Current law says that the threat must be immediate or almost immediate
R v Hasan 2005
If D voluntarily becomes involved in a gang, knowing that crimes may he committed, will not be able to rely on defence.
R v Sharp 1987
If D joined a gang in all innocence, he may be able to use duress
R v Shephard 1987
Principle from Sharp was extended to include those who voluntarily associate with a person of a violent nature
R v Ali 1995
Law Lords indicated that duress would be unavailable when D could have foreseen that he/she might be forced to commit a crime
R v Hasan 2005
