For which crimes is Duress available?

Question 1

in duress cases, why has D committed the offence?

Answer 1

because he has been threatened with death or serious injury

Question 2

Why does the law allow a defence of duress?

Answer 2

as D can be considered too terrified that he ceases ‘to be an independent actor’

Question 3

If the law did not allow the offence of duress, why would D be liable for the offence or the crime?

Answer 3

as D would have committed the acts reus with the necessary mens rea

Question 4

Duress can be through what ? (2)

Answer 4

through a direct threat by another or through external circumstances

Question 5

To what crimes is duress available as a defence?

Answer 5

to all crimes except murder, attempted murder and possibly treason.

Question 6

IN what case was it held that the defence of duress was available to a secondary party on a charge of murder?

Answer 6

DPP for Northern Ireland v Lynch

Question 7

What was held in the case of DPP for Northern Ireland v Lynch?

Answer 7

that the defence of duress was available to a secondary party on a charge of murder

Question 8

What did the decision of DPP for Northern ireland v Lynch mean when it was held that the defence of duress was available to a secondary party on a charge of murder?

Answer 8

this meant that duress was available for defendants who had participated in murder, such as a get-away driver, but had not actually performed the killing.

Question 9

In what case did the HOL rule that the defence of duress was not available to anyone charged with murder, even if they were only a secondary party and had not done the killing themselves?

Answer 9

Howe

Question 10

What was the decision in Howe?

Answer 10

that the defence of duress was not available to anyone charged with murder, even if they were only a secondary party and had done the killing themselves

Question 11

What happened in the case of DPP for Northern Ireland v Lynch?

Answer 11

D was threatened by an IRA member to drive a car. 3 IRA members shot a police officer using Ds get away car. D was convicted of murder, quashed on appeal to HOL who held that the defence of duress is available to a participant to murder who does not personally do the act of killing.

Question 12

What happened in the case of Howe?

Answer 12

D was with a group who murdered someone. On the second occasion D took part in killing V, claiming that he was threatened to do so. Trial judge ruled he had the defence of duress in the first instance but not the second. HOL held that duress was not a defence for either.

Question 13

D was threatened by an IRA member to drive a car. 3 IRA members shot a police officer using Ds get away car. D was convicted of murder, quashed on appeal to HOL who held that the defence of duress is available to a participant to murder who does not personally do the act of killing.
What case is this?

Answer 13

DPP for Northern Ireland v Lynch

Question 14

D was with a group who murdered someone. On the second occasion D took part in killing V, claiming that he was threatened to do so. Trial judge ruled he had the defence of duress in the first instance but not the second. HOL held that duress was not a defence for either.
What case is this?

Answer 14

Howe

Question 15

Which judge explained why duress was held not to be a defence in the case of Howe?

Answer 15

Lord Hailsham

Question 16

Why did Lord Hailsham say that duress was not to be a defence in the case of Howe where D had been an accomplice to murder?

Answer 16

as it was not good policy nor public morals

Question 17

The rule that duress cannot be a defence to murder applies even when the defendant is…?

Answer 17

young and less able to resist pressure

Question 18

What case illustrates that the rule of duress cannot be a defence to murder applies even when the defendant is young and less able to resist pressure?

Answer 18

Wilson

Question 19

What happened in the case of Wilson?

Answer 19

D aged 13 was threatened by his father to murder his mother. COA held that D did not have a defence as the rule that duress provided no defence to murder was applied regardless of Ds susceptibility to duress

Question 20

D aged 13 was threatened by his father to murder his mother. COA held that D did not have a defence as the rule that duress provided no defence to murder was applied regardless of Ds susceptibility to duress
What case is this?

Answer 20

Wilson

Question 21

In the case of Howe, what did the HOL say obiter?

Answer 21

that the defence of duress should not be available to a charge of attempted murder

Question 22

In what case was the obiter statement from the HOL followed?

Answer 22

Gotts

Question 23

What happened in the case of Gotts?

Answer 23

D was threatened with violence by father to stab his mother. Mother survived but V was convicted of attempted murder on the basis that duress was not available

Question 24

D was threatened with violence by father to stab his mother. Mother survived but V was convicted of attempted murder on the basis that duress was not available
What case is this?

Answer 24

Gotts

Question 25

What is duress by threats?

Answer 25

this is where a person’s will is overborne by threats of death or serious injury so that he commits an act which he would not otherwise do.

Question 26

What must the threat be in order to get the offence of duress?

Answer 26

death or serious injury

Question 27

What would not be sufficient for the defence?

Answer 27

a threat to disclose a previous conviction

Question 28

What happened in the case of Valderrama-Vega?

Answer 28

D illegally imported cocaine due to alleged death threats and threats to disclose his homosexuality. Trial judge directed that defence only available if the death threats were the sole reason for his committing the offence. COA quashed conviction as the jury was entitled to look at the cumulative effect of all threats.

Question 29

D illegally imported cocaine due to alleged death threats and threats to disclose his homosexuality. Trial judge directed that defence only available if the death threats were the sole reason for his committing the offence. COA quashed conviction as the jury was entitled to look at the cumulative effect of all threats.
What case is this?

Answer 29

Valderrama-Vega

Question 30

Who did the threat previously had to be to?

Answer 30

to the defendant himself

Question 31

In what case was it accepted that threats to kill or seriously injure the defendant’s common law wife were sufficient?

Answer 31

an Australian case

Question 32

What was accepted in an Australian case in regards to who is threatened?

Answer 32

that threats to kill or seriously injure the defendants common law wife was sufficient for the defence

Question 33

Ds wife threatened to commit suicide unless he drove whilst disqualified. This was held to be sufficient for the defence.
What case is this?

Answer 33

Martin

Question 34

What happened in the case of Martin?

Answer 34

Ds wife threatened to commit suicide unless he drove whilst disqualified. This was held to be sufficient for the defence.

Question 35

What happened in the case of Conway?

Answer 35

D’ s passenger believed the car behind him was trying to kill him so D sped up. Conviction for reckless driving quashed as defence of duress should have went to jury

Question 36

D’ s passenger believed the car behind him was trying to kill him so D sped up. Conviction for reckless driving quashed as defence of duress should have went to jury
What case is this?

Answer 36

Conway

Question 37

What has there been no decision on in regards to who the threat is made to?

Answer 37

no decisions on whether a threat to a complete stranger would be enough to give a defence of duress

Question 38

briefly, what case allows the defence of duress to be allowed if there is a threat to a friend?

Answer 38

Conway

Question 39

Who proposed that it should be law for the defence of duress to be successful if a complete stranger is threatened?

Answer 39

The Criminal Code