Duress Flashcards
R v Howe 1987
D took part in 2 killings, one as principal, the other as secondary party.
Duress not available as a defence to murder or attempted murder.
R v Valderrama-vega 1985
D illegally imported Cocaine, he claimed he received death threats, threats to disclose his homosexuality and financial pressures.
The cumulative effects of all the threats should be considered by the jury.
R v Cole 1994
D carried out 2 robberies to get money to repay a debt; he and his family had been threatened if he didn’t repay the debt.
Their was insufficient connection between the threats and the crimes committed, so the defence was not available.
R v Hasan 2005
D was charged with aggregated burglary. He claimed he was forced to commit the offence because of threats made to him.
The tests for the defence to succeed:
• there must be a threat to cause death or serious injury
• threat must be directed against D or his immediate family or someone close to him.
• whether D acted reasonably in the light of the threats will be judged objectively
• the threats relate directly to the crime committed by D
• there was no evasive action D could have taken
• D cannot use the defence if he was voluntarily laid himself open to the threats
R v Willer 1986
D and a passenger were driving down an alley their car was surrounded by a gang who threatens them. D realised only way out was by driving in pavement. He was charged with reckless driving, appeal allowed as D drove “ under that form of compulsion that is under duress”
R v Abdul-Hassain 1999
D’s hijacked a plane as they feared for their safety if they returned to their own country.
• there must be imminent peril of death or serious injury
• the peril must operate on the D’s mind at the time of committing the act, so as to overhear his will
• execution of the threat need not be immediately in prospect but should be imminent
Duress
A full defence in criminal law based on the fact that the D has been effectively forced to commit the crime. It’s a common law defence and Is successful it’s a full defence so D will be found not guilty.
