Necessity Defences - Duress Flashcards
R v Hassan (2005) - important
Test for Duress
The requirements of duress as a defence are
- A threat to cause death or serious injury
- The threat must be against D or their immediate family or someone close to D
- The threats must relate directly to the crime committed by D
- There must have been no evasive action D could have taken
R v Howe (1987) - important
Duress is not available to murder, because ordinary people should be willing to die rather than kill an innocent person
R v Valderrama-Vega (1985) - important
For the duress defence, the threat must be serious and include either death or serious injury
R v Graham (1982) - important
Whether D responded reasonably to the threats is tested objectively. D must have reasonably believed there was a threat and D must have responded in a way that a reasonable person might have done
R v Gill (1963) - important
Duress can only be used as a defence if there was no evasive action that D could have taken
R v Hasan (2005) - important
(self inducement)
D can not use duress as a defence if they have laid themselves open to threats
R v Wilson (2007) - important
The rule in R v Howe excluding duress as a defence to murder also applies to children.
R v Gotts (1992) - important
Duress is not available as a defence to a charge of attempted murder
R v Hudson and Taylor (1971) - important
Duress ins not available if the threat was not effective at the moment D committed their offence
R v Bowen (1996) - important
Whether D responded reasonably to the threats should take into account relevant characteristics of D, including age, disability, pregnancy, and mental illness.
R v Cole (1994) - important
There must be a direct link between the threats made to D and the crime that D then committed. Robbing a bank to get money that D is being threatened for is not close enough.
R v Sharp (1987) - important
Duress is not available as a defence where D has voluntarily laid themselves open to threats, in this case joining a gang.
