Introduction Flashcards
Explain mens rea and actus reus in terms of duress…
The defendant admits to committing the actus reus of the crime with the required mens rea but he did it because he had no choice and was faced with threats of serious injury or death
What is the defence recognised as?
“A concession to human frailty”
In which case was the defence of duress described as ‘a concession to human frailty’?
R v Howe (1989)
What case took place in 1989?
R v Howe
In what year was the case of R v Howe?
1989
What was said in the case of R v Howe (1989)
The the defence is recognised as a “concession to human frailty”
What is the case of R v Howe (1989) relevant to?
The introduction of duress and the defence being recognised as a “concession to human frailty”
What situations does the defence of duress cover?
A situation where a defendant is forced/feels compelled to commit a criminal offence because of threats by a person or threat of the circumstance.
What is the effect of a successful plea?
An acquittal
How does the type of offence committed affect of the defence is available to the defendant?
The defence is only available if the defendant commits an offence of the type that was nominated by the person making the threat
What case illustrates the defendant needing to commit the crime which was issued by the person making the threat?
R v Cole (1994)
What case happened in 1994?
R v Cole
In what year did the case of R v Cole happen?
1994
What happened in the case of R v Cole (1994)?
The defendant robbed a building society to repay his debt as he and his family were threatened.
What was the outcome of R v Cole (1994)?
The court upheld his robbery conviction because the those who threatened him didn’t say ‘rob a building society or else’
What is the case of R v Cole (1994) relevant to?
That the defence is only available if the defendant has committed the crime nominated by the person issuing the threat.
In terms of evaluation, what does the case of R v Cole (1994) illustrate?
That the defence has a limited scope, this is good because it means people cannot manipulate the justice system and use the defence when they were not actually forced. This help upholds public policy.
What is duress of circumstances?
When the threat comes from the situation/circumstance rather than a direct threat
What case is related to duress of circumstances?
R v Conway (1988)
What is the case of R v Conway (1988) relevant to?
Duress of circumstances
What case took place in 1988?
R v Conway
In what year did the case of R v Conway happen?
1988
What happened in the case of R v Conway (1988)?
The defender drove a car at a high speed to escape two men who he thought were about to attack his passenger
What was the outcome of R v Conway (1988)?
The court quashed his conviction saying the defence of duress should have been available to him
