Duress - Legal Principle

Question 1

R v Howe

Answer 1

Defendant’s charged with murder, even as a secondary accomplice, do not have access to duress as a defence

Question 2

R v Wilson

Answer 2

Defence doesn’t apply to murder, even if D is younger and less able to resist pressure.

Question 3

R v Gotts

Answer 3

Defence not available to those charged with attempted murder

Question 4

R v Valderrama-Vega

Answer 4

Threats must be death/SI, but cumulative effects of threats can be considered, provided they are serious

Question 5

R v Graham

Answer 5

Set out objective and subjective tests

Question 6

R v Martin

Answer 6

Subjective: D can take into account D’s special characteristics when assessing validity of threats

Question 7

R v Hudson & Taylor

Answer 7

IN SOME CASES availability of police protection will not negate the defence

Question 8

R v Abdul-Hussain

Answer 8

Threat must not be immediate but imminent

Question 9

R v Cole

Answer 9

Threat must relate to a specific offence

Question 10

R v Sharp

Answer 10

General rule of duress not available where duress is self-induced

Question 11

R v Shepard

Answer 11

Exception to self-induced duress rule

Question 12

R v Hasan

Answer 12

Defence not available where D associates with those violent and dangerous

Question 13

R v Gill

Answer 13

Only available if there is ‘no safe avenue of escape’ for D.

Question 14

R v Bowen

Answer 14

Characteristics relevant to resisting threats do not include low IQ.

Question 15

R v Conway

Answer 15

Threats to friends are sufficient

Question 16

R v Martin

Answer 16

Threats to family are sufficient