Duress - Threats

Question 1

Definition

Answer 1

D is forced to commit a crime because of threats of death / serious injury made to him

• not available for murder (Howe) or
• attempted murder (gotts)

Question 2

6 part test

Answer 2

(R v Hassan)

Question 3

Part 1

Answer 3

There must be a threat to cause serious injury death (valderrama-vega).
- must be effective but not always immediate (Hudson & Taylor)
- doesn’t apply to property (lynch), expose adultery (singh), psych harm (baker & Wilkins), severe pain (Quayle)

Question 4

Part 2

Answer 4

Threat must be directed against the D, immediate family (Martin) or someone close to D (Conway)

Someone D is responsible for (hasan)

Question 5

Part 3

Answer 5

Did the D act reasonably (the Graham test):
a. D honestly and reasonably believe life was in immediate danger (Martin)
b. Would a sober and reasonable man have responded in the same way? (Hegarty)

Question 6

Part 4

Answer 6

Threats have to relate directly to crime committed by D
- D can only use the defence if the threats are made in order to commit a specific crime (Cole)

Question 7

Part 5

Answer 7

Duress is only available if the D is put in a situation where there is no avenue of escape (gill)
- must be no time to escape I raise the alarm (gill)
- if raising the alarm would nat be effective, then duress allowed (Hudson & Taylor)

Question 8

Part 6

Answer 8

D cannot rely on duress is they have voluntarily said themselves open to threats (Sharp)
- Joining a gang - fail (Sharp)
- D foresees the risk - fail (hasan)