Necessity Defence-Duress Flashcards
What crimes is the defence of duress not available for?
Murder
Attempted murder
Possibly for treason
What case decided that a defence of duress could not be used for murder?
R v Howe (1987)
Facts: with others, D took part in 2 killings.
What case established the 6 tests for a successful defence of duress?
R v Hasan (2005)
What are the 6 tests established in R v Hasan (2005) regarding duress?
1) Serious-must be threat to cause death or serious injury.
2) Relatives- Threat must be directed against D or close relatives
3) Objectively-Reasonableness of D actions tested objectively
4) Crime-threats relate to D crime
5) Evade-D couldn’t take evasive action
6) Voluntarily-D cannot use ‘duress’ if they wilfully allowed circumstances
What is ‘duress’?
A defence in crim law based on fact that D has been forced to commit the crime.
Who has to disprove duress?
The prosecution, beyond reasonable doubt.
What is the standard the prosecution must achieve to prove D was not acting under duress?
Beyond reasonable doubt.
What case proves that the cumulative effects of all the threats should be considered by jury, IF there is a threat of death?
R v Valderrama-Vega (1985)
Facts: D imported cocaine and claimed he was under duress from a gang who made many threats including death. D NOT guilty on grounds of duress.
R v Valderrama-Vega (1985)
Principle: The cumulative effects of all threats should be considered by jury, IF death is one of them.
Facts: D imported cocaine and claimed he was under duress from a gang who made many threats including death.
What case demonstrates that D crime must be connected to the threat?
R v Cole (1994)
Facts: D carried out 2 robberies to pay off some debts. D could not use defence of duress.
R v Cole (1994)
Principle: that D crime must be connected to the threat.
Facts: D committed 2 robberies to pay back some debt. D was not asked to commit robberies. D not entitled to defence of duress.
What case is an example of ‘duress of circumstance’?
R v Willer (1986)
Facts: D evaded a gang of youths that surrounded his car by driving over the pavement which he felt was his only option. D allowed defence of ‘duress of circumstance’.
R v Willer (1986)
Example of: ‘duress of circumstance’
Facts: D was driving and evaded a gang of youths by driving on a pavement as he felt that was he only way out.
What case decided that all offences can be allowed a defence of duress of circumstance except murder, attempted murder and possibly treason?
R v Pommell (1995)
Facts: D was found with a weapon which he said he was going to hand in to police. D’s conviction quashed.
R v Pommell (1995)
Principle: that all offences can allow a defence of ‘duress of circumstance’ except murder, attempted murder and possibly treason.
Facts: D was found by police with weapon but claimed he was going to hand it in. D conviction quashed.
