Defences- Duress

Question 1

Where is duress contained

Answer 1

Common law

Question 2

What type of defence is duress

Answer 2

For all offences apart from murder
Compete defence

Question 3

Whats the 2 types of duress

Answer 3

Duress by threats
Duress by circumstance

Question 4

Whats the leading case for duress by threats and what must be proven

Answer 4

Graham:
- was d compelled to act as he did because he reasonably feared death/serious injury?
- did he respond as a sober person of reasonable firmness, sharing the characteristics of the D, would have done?

Question 5

Whats said for the seriousness of the threats

Answer 5

Must be of serous injury/death

Question 6

What case was used for seriousness of the threat and what was said

Answer 6

Valderrama- the cumulative effect of the threat may be considered (threat to friends/family/3rd party that they feel responsible for)

Question 7

For the seriousness of the threat when will the defence also be available, and what case was used

Answer 7

When D’s belief was mistaken (Martin)

Question 8

What must the threat made be in connection with and what case was used

Answer 8

The offence committed (Cole- if party not specify actions for d to do there will be no defence)

Question 9

For the 2nd element of the defence what characteristics of the D will be considered and which ones wont, use a case

Answer 9

Bowen:
Vulnerable/timid/low IQ- not considered
Age/sex/serious disability/pregnancy/psychiatric condition- will be considered

Question 10

What was said about there being no safe avenue of escape, use a case

Answer 10

Gill- If there’s an opportunity for the D to alert police rather than commit crime, they have no defence

Question 11

what actions is the D supposed to take in terms of a safe avenue of escape

Answer 11

Only expected to take reasonable evasive action

Question 12

Explain imminence of the threat

Answer 12

The d must believe the threat would be executed if he didn’t complete offence at exact time

Question 13

What did the case of hasan say about imminence of the threat

Answer 13

D must fear death/serious injury could occur immediately, there is no defence of the threat couldn’t be executed at the time

Question 14

What case gives an example of when the defence was available despite imminence

Answer 14

R v Hudson and Taylor- had defence even though threat couldn’t be executed at time

Question 15

Explain self induced duress

Answer 15

The D put self in position where he was likely to be forced to commit an offence

Question 16

What case was used for self induced duress and what was said

Answer 16

Hasan- he voluntarily associated with known criminals, he had no defence as he ought to have reasonably foreseen the risk of coercion

Question 17

Explain duress by circumstance

Answer 17

The circumstances force the D to commit a criminal act

Question 18

what must the D believe for duress by circumstance

Answer 18

That if he didn’t commit the offence, it would result in death/serious injury to self or another that he felt responsible for

Question 19

What case is used for duress by circumstance and what is said

Answer 19

Martin- case confirmed the 2 part test determined in Graham