Duress Flashcards
AG v Whelan
“Threats of imediate death or serious personal violence so great as to overbear the ordinary power of human resistance”
R v Hassasn 2005
- There must be threat of death or serious injury
- Threat must be made to D or D’s immediate family or someone close to D
- D’s perception of the threat and conduct in reponse are to judged objectively
- D’s conduct must have been caused by threats
- There must have neen no evaise action D reasonably could have taken
- D cannot rely on threats to whcihc D has voluntarily laid open
- Defence is unavailable to Murder, Attempted Murder or Treason
R v Valderrama-Vega
D convicted of importing illegal drugs, claimed duress as he reccived threats of violence to himslef and his family and they threated to expose his homosexuality.
Court held threat to expose not enoguh but paried with threats of violence
- cumulative Threats - Duress
R v Cole
Specified Crime
Moneylenders pressuring D for money and threatened him and his family. He robbed 2 banks to pay.
Court held as they did not speicify a speciifc crime he was not under duress
Graham Test
1st Stage - Subjective - Did D feel he had to act they way he did becuase he reasonably belived he, an immediate relative or someone clsoe would face death or serious injury
2nd Stage - Objective - If so would a sober person of reasonable firmess do the same
R v Nethercott
D claimed duress after robbing Jewerllry store, on the basis acomplice stabbed him 3 monthes prior
R v Hudson & Taylor
2 girls charged with perjury after failing to identify Wright at trial leading to his aquittal. They pled duress on the basis a man known for violence threatened them an was in the gallery
R v Pomell 1995
if duress ceases to operatae, defence is not available
R v Abdul-Hussian
Several D’s were shiite muslims who were sentecned to death in their home country of Jordan
They hijacked the plane and forced it to land at Standstead.
CoA quahsed convictions and siad threat must be imminent not immediate
R v Sharp
D was part of armed robbery gangs. Citied defence as he was panicked. one of the group threatened to blow his head off if he didnt go through.
Court held as self-induced duress
R v Shepard
D was a member of a shoplifing gang - wanted to leave after several outings - Threatened.
CoA overturned his conviction - Mustill LJ certian criminal enterprises of which joinging without any knowledge as to the violence would not lead one to think it may lead to trouble
R v Willer
D charged with reckless driving
Driven slowly on pavement to escape youths who were intent on doing harm to him and his family
Conviction quashedR
R v Martin 1989
Wife with long standing sucidal tendencies threathend to commit sucide if D did not drive their son to work
charged with drivign while disqualified
Conviction quashed duress of circumstance
R v Rodger & Rose 1998
Home Sec increased sentences of D’s. Ds escaped prison and pled duress as they were sucidial
Appeal dismissed as internal threats do not count
