Duress and Duress of Circumstances Flashcards
What was held in R v Howe? (For duress)
Duress cannot be used for murder or attempted murder
What was held in R v Hasan? (For duress)
Lord Bingham held that there must be:
1. Threat of death or serious injury
2. Directed at D or close family
3. Threat must be reasonable in the circumstances
4. Threats must cause D’s criminal conduct
5. D has no other choice
6. D can’t voluntarily open himself up to threats
What was the principle for duress in R v Valderrama-vega?
The threat must be effective at the time the crime is committed
How can the defendant act reasonably in light of threats? Duress
- Defendant must believe they were in danger
- A sober person of similar characteristics would act in the same way
What was held in R v Bowen? Duress
Relevant characteristics must go to the ability to resist pressure and threats
What was held in R v Graham? Duress
- Was D forced to act because of good reason to fear death/serious injury?
- Would a reasonable person have acted the same way?
What was held in R v Cole? Duress
There was an insufficient connection between the threats and the crime so duress could not be used
What was held in R v Gill? Duress
As he didn’t take any evasive action, the defence of duress could not be used
What was held in R v Sharp? Duress
No duress if D voluntarily joins a criminal organisation
What is the duress of circumstances?
The circumstances dictate the duress and not the individual
What was held in R v Pommell? Duress of circumstance
Duress of circumstances cannot be used for murder, attempted murder or treason
What was held in R v Cairns? Duress of circumstance
D must prove the perceived threat was reasonable and not if it was real
What is the result if the defence of duress is successful?
An acquittal
What is duress?
A person is threatened or forced to do something against their will
What is duress of circumstances?
Circumstances force the defendant to commit an offence
