Duress

Question 1

What is the definition of Duress?

Answer 1

Being induced to commit a crime whilist being threatened with violence. However, a person of reasonable firmness would have done the same.

Question 2

To use the defence of duress what must there be?

Answer 2

The threat of serious violence

Question 3

What case outlines the need for a threat of serious violence?

Answer 3

Shayler

Question 4

What case outlines the rule that duress must be the threat or serious violence? what happened?

Answer 4

Shayler

Question 5

What must the threat of serious violence do?

Answer 5

Make someone of reasonable firmness do the same,

Question 6

What case outlines the objective test of reasonable firmness in duress?

Answer 6

Graham

Question 7

What are the details of Graham?

Answer 7

That a married couple lived with the husbands lover. The lover made the husband kill his wife, which was duress, or she threatened to expose their affair (this is expanded in Vega case). But then the husband was intoxicated which no longer made duress usable. so it made the objective test, so that the defendant is compared to an ordinary reasonable person.

Question 8

What can Duress not be used for?

Answer 8

Murder, attempted murder, voluntary association, if there were threats of exposure of sexuality or financial pressure, or if there was evasive action possible.

Question 9

What does Howe outline?

Answer 9

That Duress cannot be used for murder

Question 10

What are the details of Howe?

Answer 10

D killed a member of a gang, they claimed that they were being forced to. However, the courts said it is never forgivable to kill someone else.

Question 11

What was outlined in the case of Valderama - Vega?

Answer 11

That exposure of sexuality (like an affair or homosexuality) or financial pressure is not a sufficient threat that duress covers.

Question 12

What are the details of Valderama - Vega?

Answer 12

D was smuggling drugs, but said he was doing so because he would be outed as gay along with other serious threats. However the courts ruled that only threats of violence can be used under duress.

Question 13

What does Gotts outline?

Answer 13

That Duress cannot be used for attempted murder.

Question 14

What is the details of Gotts?

Answer 14

His abusive father told him to kill his mum. The courts said you cannot even try to kill, even if you were forced to.

Question 15

What does Gill outline?

Answer 15

That duress cannot be raised if evasive action was possible. I.E having the opportunity to get help or go to the police.

Question 16

What are the details of Gill?

Answer 16

The defendant was told to steal a truck, but had all day to evade the people threating him, so much so he returned when the yard was shut.
(Also look at Taylor and Hudson)

Question 17

What does Sharp outline?

Answer 17

If you had voluntary association you can’t use duress. (like joining a group or associating with people you knew where dangerous).

Question 18

What are the details of Sharp?

Answer 18

Sharp joined a gang or armed robbers, but when he was forced to do one he didn’t want to. The courts said he couldn’t use duress as he had voluntarily associated with people known for violence.

Question 19

When can Duress also be used?

Answer 19

It can be used by circumstances, when the circumstance called for you to commit a crime.

Question 20

What 2 cases outline duress by circumstance? details?

Answer 20

Conway - drove away from men at high speed, as he thought they were going to murder his passenger. He raised the defence successfully and his conviction was quashed​

Pommell - In possession of a gun because he had to take it off someone else

Question 21

When can duress also be used?

Answer 21

When the defendant made a mistake and incorrectly intrepreted the situation at hand. As long as the belief is reasonably held

Question 22

What case outlined the use of duress and mistakes? How?

Answer 22

Conway - There wasn’t an actual threat, as teh people he thought were going to attack him were undercover police officers.
But as the defendant judged the situation and genuinely thought the police officers were attackers, he could raise the defence of duress.

Question 23

What else can be considered in duress?

Answer 23

Certain characteristics, which can affect how the defendant reacted, like being pregnant.

Question 24

What is the leading case for Duress?

Answer 24

Hasan 2005

Question 25

What are the details of Hasan?

Answer 25

Driver for escort agency but got into argument when another man, known to be violent, joined the gang. Forced to commit a burglary & was accompanied by another man. His family were also threatened. Because he had known the man was violent and had stayed a part of things, he could not use duress.​
Since Graham there had been inconsistent rulings such as in Taylor & Hudson​
Hasan case considered modern clarification of rules relating to the threat needed, any evasive action and voluntary association​.