DURESS LAW
- Created by: maya0
- Created on: 25-01-23 09:47
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- DURESS
- INTRO
- duress isnt available for murder or attempted murder.
- there is two types of duress:
- duress by threats and duress by circumstances
- duress by threats
- defendant has both actus reus and mens rea but conviction is escaped because overborne by personal threats or threats towards the family. ( r v hasan)
- R V GRAHAM
- jury needs to consider two things: - was the defendant impelled to act because feared they or someone else may be killed or physically injured if they did not act upon on these threats? - if so would a sober reasonable person share the same characteristics and acted the same way?
- SERIOUSNESS OF THE THREATS
- threats of death and personal injury are important (r v valderrama)
- UNAVOIDABLE AND IMMINET THREAT
- - defendant must not be able to avoid the threat - this means they cannot use the defence if they have time to inform the police or to avoid the crime they have been threatened to do (r v hasan)
- SELF INDUCED DURESS
- duress will not be available where the defendant has voluntary associated with criminals, they should have foreseen they may be forced to do commit crimes. (r v hasan)
- R V BOWEN
- court will take into account the age and sex of the defendant as this may affect they ability to resist pressure. Also take into account physical disability and mental illnesses
- duress by circumstances
- requires fear of immediate death or serious injury (r v baker and ward)
- mainly used as a defence for driving offences where the defendant felt forced to commit a driving offence because of the circumstances they are in
- used for other crimes like fire arm (r v pommell) and hijacking (r v abdul)
- INTRO
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