Necessity Defences - Duress Flashcards
Is duress available for murder?
No following
R v House - obiter not available for attempted murder
R v Wilson - backs up HOUSE stating not even available for young
R v Gotts - confirmed obiter statement that defence fails for attempted murder
Where is the test for duress found?
R v Hasan - Sets out a 6 part test
What is the 6 part test
- Threat must be death or serious injury
- Must be made against D, immediate family or someone close
- Did D act reasonably? (Objective test)
- Threats must be directly related to crime committed
- No evasive action
- D cannot use defence if he voluntarily laid himself open to threats
Cases for threat must be death or serious injury
Smith - GBH = serious injury = really serious harm
R v Valderrama - cumulative effects of threats but no death or si = no case
R v Hudson + Taylor - threat had to be a present threat but doesn’t have to be at that time
What’s the objective test for D acting reasonably ?
A) Must genuinely believe that threat (up to jury)
B) would a sober person of reasonable firmness, Sharing similar characteristics have responded in the same way
Cases for D acting reasonably (2)
R v Bowen - low IQ does not count as a characteristic but age, pregnancy, serious physical disability, recognised mental illness, gender can be considered
R v graham - voluntary consumption of drink or drugs is not a characteristic
Case for threats being directly related
R v Cole - only use defence of threats are directly related to the crime
Cases for evasive action (2)
R v Gill - had opportunity but didn’t take
R v Hudson - CoA police protection could not be completely fool proof
Cases for duress of circs (6)
- R v Willer
- R v Conway
- R v Martin
- R v pommell
- R v cairns
- R v Abdul-Hussain
