Duress Flashcards
not a defence to murder (5 cards)
Requirements
Hasan: D impelled to act as he did as a result of what he reasonably believed A to have done, had good cause to fear serious harm or physical injury; a sober person of reasonable firmness, with D’s characteristics, would have responded in that way
D must act because of a threat of death or serious injury
R v Valderrama-Vega: threats to expose sexuality not enough on their own (has to be threat of death or serious injury)
R v A: rape can constitute serious harm
R v Z: defence available if D fears that anyone for whom D reasonably regards themselves as responsible is under threat
R v Roger and Rose; threat cannot come from self; prisoners who escaped tried to claim if they stayed they would have committed suicide (defence failed)
R v Graham: D must have reasonable grounds to believe they were under threat
R v Ali: threat must not arise out of D voluntarily placing himself at risk of compulsion
The criminal act must be nominated by the threatener
R v Cole: has to be to do something specific; not enough for D to commit robberies because he owed money to lenders
Must be reasonable to commit the crime under the circumstances
R v Graham: sober person of reasonable firmness; objective test
R v Bowen: include characteristics affecting bravery; low IQ will not be relevant but PTSD could be
R v Heath: D must take any reasonable opportunity to escape from the threat; D could have gone to the police or to family in Scotland
Defence to which crimes?
R v Hower: not a defence to murder
Blackstone: D “ought rather to die himself than escape by the murder of an innocent”
Stephen: argues against the defence; “surely it is at the moment when temptation to crime is strongest that the law should speak most clearly and emphatically to the contrary?
