Duress Flashcards
(18 cards)
What is the basis of the defence of duress?
The defendant has committed the offence because they were threatened with death or serious injury
Which case shows that duress is not available for the offence of murder?
R v Howe
In which case were the rules for duress set out and who established them?
Lord Bingham in R v Hasan
What are the rules for duress?
1) Threat of death or serious injury
2) The threat must be aimed at the defendant or someone close to them
3) Whether the defendant acted reasonably will be judged objectively
4) The threats must directly relate to the crime
5) There is no evasive action available
6) The defence cannot be used if the defendant voluntarily entered a situation where they would be threatened
Which case shows that the threat must be for serious injury or death?
R v Valderamma-Vega
Which case shows that the threats don’t have to be aimed at the defendant?
R v Wright (her boyfriend was threatened)
What case set out the two part test for duress?
R v Graham
What is the two-part test for duress?
1) Did the defendant reasonably believe there was good cause to fear death or serious injury?
2) Would a sober person of reasonable firmness with the same characteristics have responded similarly?
Which case shows that duress cannot be used if there is an evasive action?
R v Gill
Which case shows that police protection isn’t necessarily a valid evasive action?
R v Hudson and Taylor
Which case shows that the threats must be imminent?
R v Abdul-Hussain
Which case shows that the threats must relate to a specific offence?
R v Cole
What are the rules of intoxication relating to duress?
If the defendant is voluntarily intoxicated and mistakenly believes that they are being threatened, the defence cannot be used. If there is no mistake and the intoxication is separate, the defence can be used.
Which case shows an example of self induced duress?
R v Sharp (joined a violent gang)
Which case shows an example of duress that was not self-induced?
R v Shepard (joined a non-violent gang)
What are the two types of duress?
Duress by threat and duress of circumstance
Which case shows duress of circumstances?
R v Willer
Which case shows that, for duress of circumstance, the defendant must reasonably perceive a threat of death or serious injury to use the defence (even if there is no genuine threat)?
R v Cairns
