GD - Duress By Threats

Question 1

Duress definition

Answer 1

Duress occurs where the D is forced to commit the criminal act by someone else

Question 2

6 part test

Answer 2

(R v Hasan). 1.threat must be a threat to cause serious injury/death 2.the threat must be directed against the D, immediate family(Martin), someone close to D(Conway) 3.did the D act reasonably(the graham test) 4.the threats have to relate directly to the crime committed by D 5.duress is only available if the D is put in a situation. Where there is no avenue of escape(Gills) 6.D cannot rely on duress if they have voluntarily laid themselves open to threats(Sharp)

Question 3

Duress by threat

Answer 3

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 4

Must be a threat to cause serious injury/death

Answer 4

(Valderrama-vega). Must be effective but not always immediate (Hudson & Taylor). Threat. Must take effect as soon as crime is committed. Not applicable to property (Lynch), expose adultry (Singh), psych harm (Baker & Wilkins), severe pain (Quayle).

Question 5

The threat must be directed against the D, immediate family or someone close to D

Answer 5

Anyone D is responsible for (Hasan)

Question 6

Did the D act reasonably

Answer 6

D honestly and reasonably believe. Life was in immediate danger (Martin and would a sober and reasonable person have responded in the same way (Hegarty)

Question 7

The threats have to relate directly to crime committed by D

Answer 7

D can only use the defence if the threats are made in order to commit a specific crime (Cole)

Question 8

Duress is only available if the D is put in a situation where there is no avenue of escape

Answer 8

Must be no time to escape/raise alarms (GIill). If raising alarm would not be effective, then duress allowed (Hudson & Taylor)

Question 9

D cannot rely on duress if they have voluntarily laid themselves open to threats

Answer 9

Ehwre the D brought duress on himself defence will fail (Sharp). joining gang=fail (Sharp). D foresees risk=fail (Hasan)