Defences - Duress and necessity

Question 1

What is the defence of duress based on?

Answer 1

That the defendant has been forced to commit the crime

Question 2

What are the two elements of duress?

Answer 2

Duress by threats
Duress of circumstances

Question 3

What two crimes is duress not a defence too? Give case examples:

Answer 3

Murder - R v Howe
Attempted murder - Gotts

Question 4

What are the 6 part of the test set out in R v Hasan which must be fulfilled for a defence of duress to succeed?

Answer 4

-There must be an immediate threat to cause death or serious injury
-The threat musy be directed against the D or their immediate family or someone close to them
-The D must have acted reasonably in the light of the threats
-The threats relate directly to the crime committed by the D
-There is no evasive action the D could have taken
-The D can’t use the defence if they voluntarily laid themselves open to the threats

Question 5

What happened in the case of R v Hasan?

Answer 5

Hasan was charged with aggravated burglary. He was associated with a gang and relied on the defence of duress, pleading that he was blackmailed into committing the burglary to prevent him family from being harmed. The court held that the defence for duress was unavailable for Hasan because of his voluntary gang association and as such, he should have foreseen or ought to have foreseen the risk of being subjected to compulsion to commit criminal offences

Question 6

What is meant by ‘ there must be a threat to cause death or serious injury?’ in the defence of duress? What case supports this?

Answer 6

Serious injury is injury equivalent to GBH. A lesser threat, such as a threat to disclose s previous conviction is not sufficient. But if there are serious threats, the cumulative effectiveness of the threats can be considered enough: R v Valderrama-Vega