Defences - duress Flashcards
(15 cards)
r v howe and r v wilson
defence not available for murder even if only a secondary party and had not done the killing themself
wilson - applies even if the defendant young (13)
r v GOTTS
not available for attempted murder
r v graham and r v hasan
2 part test by for duress by threats establoshed in graham and restriction places in r v hasan
r v valderrema vega
in this case the defendant took part in the illegal importation of drugs from Colombia. He said that he was acting as part of a Mafia type group who had threatened to kill him and expose his homosexuality if he did not take part in the crime. Threats to reveal his homosexuality alone would be insufficient to find the defence but could be taken into account when coupled with threats of serious personal violence.
r v hasan
he court confirmed the position that there must be threat of death or serious personal injury.
Are the threats unavoidable? This part of the test allows for the defendant to have escaped or reported the threat to the police. In other words, the defence will only succeed where the threat is unavoidable and imminent.
ccused’s voluntary association with others engaged in criminal activity, he foresaw or ought reasonably to have foreseen the risk of being subjected to any compulsion by threats of violence”.
He could not rely on the defence because he voluntarily associated himself with these criminal “gangs
r v willer
duress of circumstance - he was forced to drive on the pavement in a pedestrian area. It was clear that Willer was being threatened: there was no possibility of him avoiding the threat and anyone in his position would have reacted in the same way.
r v bowen
low iq not cosidered
The D had a low IQ of 68 and obtained goods by deception for two men who said they would petrol bomb him and his family unless he carried out the offence. (HARSH???) You could argue the D fails to understand the true nature of the matter.
r v gill
safe avenue of escape
D claimed that he and his wife had been threatened unless he stole a lorry. However, there was a period of time during which he was left alone and so could have raised the alarm. As he had a safe avenue of escape he could not rely on duress.
r v hudson and taylor
Duress may apply even if the harm is not immediate, if it still overcomes the defendant’s will at the time.
r v abdul and hussain
threat need mot beimmediate
hijacked a plane in opes to not be sent to iraq and punished
r v cole
hit with baseball at and threayened in return for owded money - as did not have money carried out two robberies - conviction upheld as was never instructed to do so
r v sharp
joined a gang that then threatened him when he wanted to withdraw from a robbery
r v sheperd
joined a gang not known to be violent - threatened himwhen he wanted to withdraw from shopliftimg - duress allowed as neither he shopifting or the ganag was expected to be violent
r v conway
D’s passenger told him to drive off quickly as there was a threat from two men running towards the car and was done for reckless driving. They were in fact 2 plain clothed police officers.
It was held that there need not be a threat as long as D reasonably believes there is.
