Duress (Mental Capacity Defences)

Question 1

Duress by threats:

Answer 1

D has been forced to commit a crime against their will because of a threat made to them.

Question 2

Is duress a full or partial defence?

Answer 2

Full defence

Question 3

What is duress not a defence to? (2+ cases)

Answer 3

1.Murder (howe- kidnapped and driver said if D didn’t kill V he would die)
2.attempted murder (Gotts- 16yr olds dad told him to kill his mother or he would,she survived)
-the law does not value one’s life over another.

Question 4

What is the key case for duress by threats?

Answer 4

Hasan:
Was in a gang and his family was threatened so he burgled a house
(No defence due to gang affiliations)

Question 5

What are the elements of the hasan test to decide if duress of threat?(7)

Answer 5

1. Threat of death or serious injury
2. Toward D, Ds family or someone D is responsible for
3. The 2 part Graham test must be satisfied
4. Was there was a safe avenue of escape?
5. Threat must be imminent 6. Crime must have been specified by the threatener
6. Defence will fail if gang affiliations

Question 6

Duress:
1.The threat must be of death or serious injury case:

Answer 6

Valderrama: illegally imported drugs, as threats to reveal homosexuality, not death or serious injury, convicted.

Question 7

Duress:
5. Threat must be imminent
(Failed defence):

Answer 7

Hammond: D walked out of prison as he believed he wouldn’t be able to stop himself causing serious injury to an inmate threatening him, however it wasn’t a situation of duress so convicted

Question 8

Duress:
Threats circumstances must be considered
(Not part of the hasan test)

Answer 8

Ds lied under oath after being threatened, with the man being in the gallery during the trial who was known to be violent
It wasn’t realistic for them to go to the police
(Defence)

Question 9

Duress:
3. Graham test:(2)

Answer 9

1. Did D act out of fear of death or serious injury
2. Did they act as a sober person of reasonable firmness would?

Question 10

What case outlines the characteristics of duress

Answer 10

Bowen: decided that low IQ was not a characteristic of duress (after D was decepted and was given illegal goods)

Question 11

What characteristics are contributed to duress as in bowen?

Answer 11

-age
- pregnancy
- physical disability
- mental illness
- gender

Question 12

Duress:
6. Was the crime committed specified by the threatener case:

Answer 12

Cole: gf and child were threatened was told to pay,
D suffered serious injury he robbed 2 banks to do so
Convicted as was never told to rob a bank just pay

Question 13

6.

Question 14

Duress:
4. Did D have an avenue of escape case:

Answer 14

Gill: said wife had bene threatened unless he stole a lorry, but there was a time for him to sound an alarm (safe avenue) so no defence

Question 15

Duress:
7. Gang affiliations case outlining the definition:

Answer 15

Sharp: if a person has voluntarily joined a gang which could result in crimes being committed under their pressure there is no defence

Question 16

Duress:
7. Gang affiliations case:

Answer 16

Shepard: joined shoplifting gang, was threatened when tried to leave
So future crimes could be defended but not crimes before trying to leave.