Duress By Threats Cases

Question 1

R v Graham

Answer 1

Facts: kills wife

Ratio: was d compelled to act because they feared serious injury or death

Question 2

R v Howe

Answer 2

Facts: kills and attempts to kill

Ratio: defence is not available for murder

Question 3

R v Gotts

Answer 3

Facts: d attempts to kill his mother

Ratio: defence not available for attempted murder

Question 4

R v Wilson

Answer 4

Facts: D murdered mother as father threatened him

Ratio: defence is not available for murder. Age is disregarded

Question 5

Valderrama Verga

Answer 5

Facts: d imported cocaine and said he received threats of death and financial ruin and homosexuality reveal

Ratio: threat to reveal homosexuality was allowed when paired with serious violence

Question 6

Martin (dp)

Answer 6

Facts: d shot 2 people that were trying to burgle his home

Ratio: he believed there was a threat but there wasn’t, but it’s subjective

Question 7

R v Shepherd

Answer 7

Facts: d joined ship lifting gang and threatened with violence when tried to leave

Ratio: if he had no knowledge that the gang was likely to use violence then the fence of duress was available to him

Question 8

R v sharp

Answer 8

facts: d joined robbery gang and tired to leave before sub-postmaster killed in robbery

Ratio: d knew when he joined the gang that it was likely to use violence so he could not claim duress when the gang threatened him with violence

Question 9

R v Cole

Answer 9

Facts: d robbed building societies to repay debt as he and his family was threatened

Ratio: no sufficient connection between the threats and the crimes he committed so defence of duress was not available to him

Question 10

R v Hassan

Answer 10

Facts: d was threatened to burgle house

Ratio: defence of duress is excluded where d voluntarily associates with others who are engaged in criminal activity