Durress

Question 1

What is duress

Answer 1

Forced by threats or circumstance to commit a crime - actus reus and mens rea present

Question 2

Duress rules

Answer 2

Must be threat of death or serious injury (does not apply to revelation of sexual or financial issues)
Threat must be to defendant or others

Question 3

When is duress not allowed

Answer 3

If voluntarily engaged in criminal association
Murder or attempted
If have the opportunity to escape

Question 4

What case happened in 1971

Answer 4

R v Hudson and Taylor

Question 5

What happened in r v Hudson and Taylor 1971

Answer 5

Told would be cut up if didn’t lie in court

Question 6

What case happened in 1985

Answer 6

R v vladeramma

Question 7

What happened in case of R v vladeramma 1985

Answer 7

Defence not allowed

Smuggle cocaine or reveal debts and sexuality

Question 8

What case happened in 1986

Answer 8

R v Ortiz

Question 9

What happenend in r v Ortiz 1986

Answer 9

Smuggle cocaine or family will go missing defence allowed

Question 10

1963

Answer 10

R v Gill

Question 11

What happened in r v Gill 1963

Answer 11

Claimed they were threatened violence if didn’t steal a lorry
Defence denied had time to get help

Question 12

Hasan

Answer 12

2005

Question 13

What happened in Hasan

Answer 13

Defence not available
Driver of prostitute
Violent boyfriend
Rob bank

Question 14

What established test for duress

Answer 14

Graham 1982

Question 15

Is test for duress

Answer 15

Subjective and objective test
Subjective good cause to fear what was said
Objective would a sober person of reasonable firmness sharing same characteristics respond in the same way

Question 16

1996

Answer 16

R v Bowen

Question 17

What happened in r v Bowen 1996

Answer 17

He had low iq defence not available established characteristics eg age pregnancy
Can’t be self induced

Question 18

Evaluation

Answer 18

Harsh 
Bowen 
Criminal association 
Available for s18 but not murder 
Women and self induced