Duress

Question 1

What’s the identification for Duress?

Answer 1

Complete defence available to all offences except murder and attempted murder. Common law defence defined by HL in R v Hasan

Question 2

What are the 5 elements of Duress?

Answer 2

1. Threat of death or serious injury against D or someone close to them
2. Threat to commit specific offence
3. Graham test
4. Was duress self induced?
5. Was there a safe avenue of escape

Question 3

What’s the principle from
Valderrama - Vega?

Answer 3

Jury are entitled to look at cumulative effect of all the threats made and whether D would’ve committed offence without them

Question 4

What’s the principle from Hudson and Taylor?

Answer 4

Threat has to be a ‘present threat’

Question 5

What’s the principle from Cole?

Answer 5

Not a sufficient connection between duress and crime committed

Question 6

What’s the 2 stage Graham test?

Answer 6

1) Was D compelled to act because he reasonably believed he had good cause to fear serious injury or death?
2) Would a sober person of reasonable firmness sharing characteristics of the D have responded in the same way

Question 7

What’s the principle from Bowen?

Answer 7

Jury can only consider relevant characteristics that go to the ability to resist pressure and threats

Question 8

What’s the principle from Hasan?

Answer 8

Lord Bingham- where D is voluntarily associated with criminal organisation- they ought to know they’d be subject to threats

Question 9

What’s the principle from R v Gill?

Answer 9

Duress can only be used as a defence if D is put in a situation where he has no safe avenue of escape

Question 10

What’s the principle from Hudson and Taylor in terms of avenue of escape?

Answer 10

Police protection isn’t always a fool proof solution