Webcast Flashcards
1
Q
Is duress a defence to murder?
A
No (R v Howe).
2
Q
What types of duress are there?
A
Duress by threats and duress of circumstances.
3
Q
How does duress by threats arise?
A
Where someone threatens to kill or cause serious injury to the D or to someone close to him, unless the D commits an offence.
4
Q
What is duress of circumstances?
A
Where a D fears death or serious injury as a result of the circumstances that he finds himself in (R v Willer).
5
Q
In which case can we find the elements of duress?
A
R v Hasan.
6
Q
What are the elements of duress?
A
- the threat must be to cause death or serious injury
- the threat would be to himself, someone close to him or who he felt responsible for (Ortiz family; Shayler bomb)
- the offence must be caused by the threats
- the threat must be imminent (Hasan)
7
Q
When can you not rely on duress?
A
If your in a violent gang (Hasan).
8
Q
What is duress?
A
Where someone is forced or compelled to commit a crime.
