Duress Flashcards
(17 cards)
Type of defence
excuse not justification
R v Howe - concession to human frailty
Difference between duress and SD
Symonds - no perceived threat from V - duress
Riddell - percieved threat - SD
R v martin (collins)
need nominated crime in duress by threats
Elements
R belief in existence of threat
threat of death or serious injury
S person of R firmness react same way
proportional response
set out in R v Graham
Duress by circumstances main case
R v Willer - chased by gang members
R belief in existence of threat
R v Safi - R mistaken belief is okay
Threat of death or serious injury cases
R v Rodger and rose
Lynch
Singh
R v Baker
Hasan
Shayla
R v Rodger and rose
source must be external
Lynch
threat to property not enough
Singh
infidelity not enough nor blackmail
R v Baker
psychiatric condition not enough
Hasan for threat
must be D, immediate family or R regard himself responsible for person
Shayla case
sensibly feel responsible for people is okay
sober person of R firmness respond same way cases
imminence and retreat factors
R v Hudson and Taylor - for imminence look circumstances
Hasan - must be little room for evasive action
Proportionality of response cases
valdereama vega case - proportional to all threats
R v Bowen - can look at most physical and recognised psychiatric conditions for characteristics
Limits cases
Lynch - IRA threaten family - not liable
Howe - heroism one
R v Gotts - attempted murder heroism one
Ds prior fault (self induced duress)
Hasan - put in situation know subject to compulsion cannot rely on duress
L hale dissent - issue with attributing to people who have another reason than gangs and find it difficult to escape
