duress by threats Flashcards
duress
where someone who has been forced to commit a crime due to being threatened with death or serious injury
duress by threat and duress by circumstance
can be used as a defence for all crimes except murder and possibly treason
duress by threats
Common law defence
Threat of violence is directed at the d by another person who demands that the d will commit a specific crime or else he will be …
There has to be
A threat of death or serious injury
The threat must be to the d or family member/someone close to the d
Valderama vega 1985
D illegally imported cocaine
Claimed it was because of death threats and threats to disclose his homosexuality and financial pressures
Cumulative meant able to claim duress but wouldn’t be able to if there was no death threat at all
Graham 1982 test
Was the d compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death
If so would a sober person of reasonable firmness, sharing the characteristics of the accuses have responded in the same way
Martin 2000
D suffered from schizoid affective state which would lead him to regard things said to him as threatening
Claimed to have been forced to carry out the robberies
CA held that medical condition was relevant
Bowen 1996
Age
Pregnancy
Serious physical disability
Recognised medical conditions
Sex
Obtained £20,000 of electrical items through deception
Had low IQ and child’s reading age
Knew what he was doing was wrong
Convicted and tried to appeal
Couldn’t claim duress as he knew it was wrong
No safe avenue of escape
Can only, work if there’s no avenue of escape
No safe avenue of escape
Case
Hudson and Taylor 1971
2 girls lied in court as they’d been threatened with serious violence
Court allowed duress as a defence as they recognised that police protection would not always be effective
Imminence of the threat
Threat must be effective at the moment the crime is committed but it doesn’t mens that the threat has to be carried out immediately
Imminence of the threat
Case
Abdul Hussain 1999
Shiite Muslims
Hijacked a plane as they feared being sent back to Iraq where they would be prosecuted
On appeal they successfully pleaded duress as the threat was present if not immediate when they returned to Iraq
Self induced duress
Where the D brought duress on himself
Where the d is aware that he may be put under duress he cannot use the defence particularly in the following offences:
Where the d joins a criminal going that is likely to use violence
Where the d puts himself in a position where it is likely that he will be subject to threats of violence
Hasan 2005
Sets out the law about dealing with duress and criminal activity
Duress not allowed where the D voluntarily associates with others who are engaged in criminal activity and he foresaw or ought to have reasonably foreseen the risk of being subjected to any compulsion by threats of violence
Hasan was charged with the crime if aggravated burglary
Was associated with a gang
Relied on the defence of duress - pleading that he was blackmailed into committing burglary to prevent his family from being harmed
