Duress by threats
- Created by: Hayley Petts
- Created on: 05-06-14 18:55
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- Duress (Duress by threats
- definition
- D is forced to commit a crime because a threat of death or serious injury effectively deprives them of a choice whether to act
- available to all crimes except murder
- Howe (1987) - one of a group who abused and killed man. on later occasion D abused and killed man. Said he acted because he was threatened
- HL ruled that defence was not available to anyone charged with murder, even if they were a secondary party and had not done killing themselves
- Wilson (2007) - CA ruled that the rule of duress not available for murder even applies when D is young and less able to resist pressures
- Gotts (1992) - aged 16 and threatened with violence by dad so stabbed mum
- CA decided defence not available for attempted murder
- Howe (1987) - one of a group who abused and killed man. on later occasion D abused and killed man. Said he acted because he was threatened
- what if the belief in a threat comes as a result of intoxication?
- a mistake due to voluntary intoxication negates the defence
- if there is no mistake and the intoxication does not affect whether there is duress or not the defence can still succeed
- what if the duress is self-induced?
- usually this negates the defence
- courts have shown some flexibility
- Sharp (1987) - joined robbery gang, and tried to leave before sub-postmaster killed in robbery
- no defence as knew gang were likely to use violence
- Shepherd (1987) - joined shoplifting gang, threatened with violence when tried to leave
- conviction quashed as no knowledge gang were likely to use violence
- Hasan (2005) - no defence as D associated with drug dealer
- ought to have reasonably foreseen risk of compulsion by threats of violence
- definition
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