Duress by threat

Question 1

what id duress

Answer 1

missing the voluntary mens rea of an act

Question 2

R v Howe

Answer 2

Every person should be capable of sacrificing their own life in order to save another innocent life – duress cannot be used as a defence for murder

Question 3

R v Gotts

Answer 3

Duress cannot be used as a defence for attempted murder

Question 4

R v Hasan

Answer 4

Elements

Threat must be of serious injury

Threat must be directed towards the defendant, immediate family, or someone close to them

Defendant acted reasonably (2 part test)

Threat must relate directly to the offence

The defendant must have no other option

The defendant must not have made himself to the threat/put themselves in that position

Question 5

R v Valderama

Answer 5

Anything beneath the threat of death or serious injury is not enough for duress

Question 6

R v Graham

Answer 6

2-part test to decide if a defendant acted reasonably

Did the defendant have good cause to believe they were subject to death or serious injury

Would a sober person of reasonable firmness sharing the characteristics of the defendant have responded in the same way

Question 7

R v Bowen

Answer 7

Defendants IQ is not a characteristic that would be taken into consideration when deciding if they acted reasonably

Question 8

R v Cole

Answer 8

The threat must relate directly to the crime

Question 9

R v Jill

Answer 9

The defendant must have no other choice

Question 10

R v Sharp

Answer 10

If defendant knowingly joined a criminal gang as an active member and commits a crime due to threats, they cannot rely on duress

Question 11

R v Shepard

Answer 11

The defendant may use the defence of duress if they are not an active member of a criminal gang