Duress

Question 1

Introduce duress.

Answer 1

• Necessity defence.
• Duress- person has forced you into a crime, via some type of threat.
• Full defence- D found not guilty.
  Not available to offences of:
• R v Howe: Murder
• R v Gotts: Attempted Murder
• Treason

Question 2

State + explain where the Tests for Duress originated from.

Answer 2

• R v Hasan: Lord Bingham set out the tests- all must be satisfied for defence to succeed.

Question 3

Explain the first test for the defence of Duress.

Answer 3

Test 1: Threat of Death/Serious Injury
* R v Valderrama-Vega: provided that there are serious threats, cumulative effect of the threats can be considered.
* R v Hudson + Taylor: threat must be effective at the moment the crime’s committed, doesn’t mean the threats need to be able to be carried out immediately.

Question 4

Explain the second test for the defence of duress.

Answer 4

Test 2: Against who must threat be made?
* Threat must be directed against D, their immediate family, or someone else to them.

Question 5

Explain the third test for the defence of duress.

Answer 5

Test 3: The Objective Test: Did D Act Reasonably?
* R v Graham: Jury must consider a two-stage test:
1) Was D compelled to act as they did because they had a good cause to fear serious injury/death?
2) If first test is satisfied, would a sober person of reasonable firmness, sharing the same characteristics as the accused, have responded in the same way
* R v Bowen: States the characteristics that can be taken into account: Age, Pregnancy, Serious Physical Disability, Recognised Medical Condition, Gender

Question 6

Explain the fourth test for the defence of duress.

Answer 6

Test 4: Did Threats relate directly to crime committed by D?
* R v Cole: D can only use defence if threats are made to make them commit a specific offence.

Question 7

Explain the fifth test for the defence of duress.

Answer 7

Test 5: Was there any evasive action D could’ve taken?
* R v Gill: D must be in a situation where they felt that they had no safe avenue of escape.
* If police protection’s possible then D can’t rely on Duress.
* R v Hudson + Taylor: if threat isn’t likely to be carried out almost immediately, there may be little room for doubt that D could’ve taken evasive action, either by going to the police or in some other way, to avoid committing the crime.

Question 8

Explain the sixth test for the defence of duress.

Answer 8

Test 6: Did D lay themselves open to threats?
* D can’t use defence if they’ve voluntarily laid themselves open to the threats.
* R v Sharpe: Duress not available if D voluntarily joins a criminal gang, which he knows is violent