Duress Flashcards
(20 cards)
Hasan (Z) 2005 UKHL 22 nature of defence
Duress is a complete defence where D is forced by threats of another to commit an offence
Hasan (Z) 2005 UKHL 22 excluded crimes
Duress is not available for murder attempted murder or certain treason offences
Hampshire County Council v E 2007 EWHC 2584 statutory duress
Duress of circumstances cannot be a defence to truancy offences under Section 444 Education Act
R v Graham 1982 1 WLR 294 subjective limb of test
Defendant must honestly believe threat to kill or cause serious harm if offence not committed
R v Graham 1982 1 WLR 294 objective limb of test
A sober person of reasonable firmness sharing D’s characteristics would have acted similarly
R v Quayle 2005 EWCA Crim 1415 source of threat
Threat must come from an external person not from D’s own mental condition
Hasan (Z) 2005 UKHL 22 nature of threat
Threat relied on must be death or serious bodily harm
Hasan (Z) 2005 UKHL 22 target of threat
Threat must be directed at D or immediate family or someone for whose safety D feels responsible
R v Cole 1994 Crim LR 582 nominated offence
Defence applies only where threatener nominated the specific offence D was forced to commit
R v Hudson and Taylor 1971 2 QB 202 immediacy of threat
Defence available if no opportunity to delay seek help or evade even if harm is not instant
R v Bowen 1996 2 Cr App R 157 relevant characteristics
Objective test may include age sex pregnancy serious disability or recognised mental illness
R v Bowen 1996 2 Cr App R 157 excluded characteristics
Self induced intoxication cannot be treated as a characteristic in the objective test
Hasan (Z) 2005 UKHL 22 voluntary association
Defence excluded if D voluntarily associated with criminals and foresaw risk of compulsion by threats
R v Conway 1989 88 Cr App R 159 duress of circumstances
Defence arises where objective dangers compel D subject to same limits as duress by threats
R v Colin Martin 1989 88 Cr App R 343 test for duress of circumstances
Defence requires D acted reasonably and proportionately to avoid threat of death or serious harm
Southwark LBC v Williams 1971 1 Ch 734 necessity doctrine
English law does not recognise a general defence of necessity for crimes like theft or trespass
R v Pommell 1995 2 Cr App R 607 necessity held no general defence
There is no recognised general necessity defence to criminal offences
Re A Conjoined Twins 2001 Fam 147 necessity requirements
Act must avoid inevitable irreparable evil use no more force than necessary and not inflict greater harm than avoided
R v Wawrzyniak 2017 EWCA Crim 2008 necessity standard
Actions judged on genuine belief in threat and whether force was reasonable and proportionate given D’s characteristics
Re F Mental Patient Sterilisation 1990 2 AC 1 best interests necessity
Defence applies where action is needed to assist another without consent communication is impracticable and action reasonable in circumstances
