duress

Question 1

what is duress

Answer 1

Duress is a defense where D states they only committed the crime because they were threatened with serious violence

Question 2

what crimes cant duress be used for

Answer 2

murder
attempted murder
accomplice to murder

Question 3

what are the 2 types of duresses

Answer 3

duress by threat
duress by circumstances

Question 3

what is duress by threat

Answer 3

D is threatened with violence to take action by another person
defendant commits a crime because they were forced by threats of death or serious injury.

Question 3

what is duress by circumstance

Answer 3

D is required to take action due to the circumstances they are in- This is where D may be forced to act due to their circumstances.

There may not be a specific threat made, but D is in a situation where they are forced to break the law in order to escape.

Question 4

Threat of death or serious injury cases (4)

Answer 4

Shayler 2001
Baker and Wilkins 1997
Valderrama-Vega 1985
R v Ashley 2012

Question 5

Shayler 2001

Answer 5

had to be a specific threat

Question 6

Baker and Wilkins 1997

Answer 6

Threats of psychological injury – however serious – are not sufficient. No defense.

Question 7

Valderrama-Vega 1985

Answer 7

threats regarding debt/sexuality would not have been enough on their own, but with the threat of death they could be sufficient.

Question 8

R v Ashley 2012

Answer 8

A threat to rape is sufficient

Question 9

murder case

Answer 9

r v howe

Question 10

what does this case say

Answer 10

The ordinary man should be capable of heroism if he is asked to take an innocent life rather than sacrifice his own

Question 11

accomplice to murder case

Answer 11

r v wilson

Question 12

attempted murder case

Answer 12

r v gotts

Question 13

what does this case say (r v wilson)

Answer 13

even if D is young, weak or vulnerable

Question 14

Threat to D or someone close to D case (1)

Answer 14

r v cohn
D owed money and was threatened with violence unless he paid back. He robbed two building societies to get the money

Question 15

what does nexus mean

Answer 15

connection between threat and crime

Question 16

what is the outcome rule of this case (r v cohn)

Answer 16

Duress not allowed as there was no nexus (connection) between the threat and the crime. D was not told specifically to rob the money, just to pay back his debt.

Question 17

what case brought around the graham test and which case approved it

Answer 17

r v graham
r v howe approved it

Question 18

what does the graham test say

Answer 18

The defence is not available just because D reacted to a threat; the threat must be one that the ordinary man would have also not resisted.

Question 19

what does the graham test consist of

Answer 19

1. Was D compelled to act as he did because he reasonably believed he had a good cause to fear serious injury or death?
2. If so, would a sober person of reasonable firmness, sharing the characteristics of the accused, have responded in the same way

Question 20

Was D compelled to act as he did because he reasonably believed he had a good cause to fear serious injury or death TYPE OF TEST

Answer 20

SUBJECTIVE:
It asks what the D themselves thought

Question 21

case example of this and what does this state

Answer 21

R v Martin (DP) 2001:
The jury can take into account D’s mental condition (schizoid-affective state) in deciding if D thought the threat was real

Question 22

2. If so, would a sober person of reasonable firmness, sharing the characteristics of the accused, have responded in the same way TYPE OF TEST

Answer 22

OBJECTIVE:
It asks what a reasonable person would do

Question 23

case example of this

Answer 23

R v Bowen 1996: Decided what counts as “shared characteristics” – age, pregnancy, serious physical disability, recognized mental illness or psychiatric condition, sex.

Question 24

The threat must be imminent case

Answer 24

R v Abdul-Hussain 1999

Question 25

which court stated rules due to this case

Answer 25

court of appeal

Question 26

what were the 3 rules they stated

Answer 26

There must be imminent peril (serious and immediate danger) of death or serious injury to the D or those for whom D has responsibility The jury must agree that this peril was in D’s mind at the time of the offence so as to overbear D’s will Execution of the threat need not be immediate

Question 27

Must be no possibility of escape cases (2)

Answer 27

R v Gill 1963 R v Hudson and Taylor 1971

Question 28

r v gill

Answer 28

He could not use the defense as he had a chance to escape and he did not. D was threatened to steal a lorry, but was left alone for a period of time when he could have called the police or escaped.

Question 29

what is the last thing duress cant be used as a defense for

Answer 29

where D has voluntarily joined a gang in which they are aware violence is used, and is then threatened with violence in order to commit a crime.

Question 30

what case backs this

Answer 30

R v Hasan 2005

Question 31

r v hassan

Answer 31

If D voluntarily associated with others who are engaged in criminal activity, and he foresaw or ought reasonably to have foreseen the risk of being subjected to any compulsion by threats of violence, then the defense will not be available

Question 32

what case allowed duress of circumstance to be a valid

Answer 32

r v pommel (check ppt)

Question 33

Court stated the defence requires similar test used for Duress of Threats – from the case of R v Graham requiring that:

Answer 33

1. The defendant must have a reasonable belief in the circumstances; 2. This belief must have lead the defendant to have a good cause to fear death or serious injury would result if he did not comply; and 3. A sober person of reasonable firmness, sharing the characteristics of the defendant, might have acted as the defendant did.

Question 34

r v pommel

Answer 34

Possession of unloaded shotgun – D claimed to have taken it off someone the night before to stop him ‘doing some damage’ with it and claimed he was going to take it to the police later on. Held – defense should be put to jury, applies to all offences except for murder and attempted murder. D’s conviction quashed.

Question 35

what are the 6 requirements

Answer 35

1) the threat must be of death of serious injury 2) threat must be against d pr someone close to d 3) the crime to be committed must be specific 4)the graham test needs to be passed 5) threat must be imminent 6) there must be no possibility of escaping the threat

Question 36

The threat must be aimed towards D personally or someone close to D case

Answer 36

r v martin (dp)