Slides in this set

Slide 1

Preview of page 1

Duress…read more

Slide 2

Preview of page 2

Is based on the fact that D has effectively been
forced to commit a crime.
There must be a threat of death or serious
The defence is available for all crimes except
murder/attempted murder, and treason…read more

Slide 3

Preview of page 3

DPP for NI v Lynch (1975)-originally held that duress
could be used for a secondary part of murder
Howe (1987)- holds that duress is no longer available
for any partaking of murder
Wilson (2007)- shows that this also applies to those
who are younger and less able tor esist to
Gotts (1982)- followed the obiter dicta of Howe…read more

Slide 4

Preview of page 4

Duress by threats
The threat made must be of death or serious
Valderrama-Vega (1988)- allowed for
cumulative factors to be considered
Martin (1989)- highlights that the threat made
does not have to be to D; it can also be to
their family or friends
Conway (1988)-is another example…read more

Slide 5

Preview of page 5

Subjective and objective tests
Deciding whether duress is available as a defence the jury
must consider a two-stage test:
subjective=Was D compelled to act as he did because he
reasonably believed he had good cause to fear serious
injury or death?
Objective= would a sober person of reasonable firmness,
showing characteristics if the accused have done the
These tests were laid down by Graham (1982)…read more

Slide 6

Preview of page 6

Subjective Test
Martin (DP) (2000)- the jury could take into
account any special characteristics of the
defendant which made him more likely to
believe the threats
This decision is now in doubt following the
decision made in Hasan (2005) which
confirmed that the D's belief in the threats
must be reasonable and genuine…read more

Slide 7

Preview of page 7
Preview of page 7

Slide 8

Preview of page 8
Preview of page 8

Slide 9

Preview of page 9
Preview of page 9

Slide 10

Preview of page 10
Preview of page 10


No comments have yet been made

Similar Law resources:

See all Law resources »