Defence of Duress (Cases)

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  • Created by: _laurenb
  • Created on: 22-05-16 18:12

Threats of Serious Violence of Death ONLY

VALDERRAMA-VEGA

  • D threatened with murder and a revelation of his homosexuality if he did not import cocain
  • duress applicable
  • MURDER THREAT HELD AS A NECESSITY
  • duress would not have been applicable with homosexuality revelation threat only
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Threats Can Be Directed To...

FAMILY

MARTIN

  • wife threatened D with her suicide if he did not drive - he was disqualified
  • charged with driving whilst disqualified
  • duress applicable

FRIENDS

CONWAY

  • mistaken threat towards D's friend who was within his car
  • drove away at speed to avoid threat
  • charged with reckless driving
  • duress applicable
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Determining D's Control Over His Actions

DEVELOPED WITHIN GRAHAM

SUBJECTIVE TEST:

'Was D compelled to act due to a reasonable belief in a cause to fear serious violence or death?'

OBJECTIVE TEST:

'Would a sober person of reasonable firmness with the same characteristics as D have acted in the same way?'

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IQ Is Not a Considerable Characteristic

BOWEN:

  • D threatened with petrol-bombing if he did not obtain products dishonestly
  • his low IQ was not considered as a characterstic that affected his ability to resist pressure and threats

LEAD TO THE ESTABLISHMENT 5 CONSIDERABLE CHARACTERISTICS

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Mistaken Beliefs in Threats

MARTIN

  • D has schizoid-affective disorder
  • developed a mistaken belief in threats
  • carried out two robberies
  • duress applicable

MISTAKES IN DURESS ARE ALLOWED AS LONG AS THEY ARE GENUINE AND REASONABLE (Hasan)

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There Must be No 'Safe Avenue of Escape'

GILL

  • D threatened unless he stole a lorry
  • he had a chance where he was alone to seek help
  • he therefore had a 'safe avenue of escape'
  • duress unapplicable

HUDSON & TAYLOR

  • Ds - 17 and 19 committed perjury after being threatened with serious injury if they gave witness statements
  • claimed they had access to the police who could have acted as a 'safe avenue of escape'
  • duress applicable after considering the three points developed from this case
  • : age, risk of police involvement and circumstances of threats
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The Threat Must Be Imminent

ABDUL - HASSAIN

  • hijacked a plane to escape threats of execution
  • duress applicable
  • it was decided the threat was imminent
  • the points to consider when deciding the imminence of threats were developed in this case

1. threats of death or serious violence or death were made to D

2. these threats neutralised the defendant's will at the time of comitting the offence

3. the threat need not be immediate

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Threats Must Be Specific to the Offence Commited

COLE

  • D threatened with serious violence unless he repayed money he owed
  • he stole from 2 building societies to obtain the money to do so
  • charged with 2 counts of robbery
  • duress unapplicable

THE THREATS MADE WERE NOT SPECIFIC TO THE CRIME HE COMMITED - THERE WAS HELD TO BE NO ASSOCIATION BETWEEN THE THREAT AND THE OFFENCE

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Duress Must Not be Self-Induced

SHARP

  • associated himself with a violent gang who threatened him with violence unless he committed robberies
  • a man was killed during a robbery
  • duress unapplicable as D knew the violent nature of the gang when associating himself

SHEPARD

  • D associated himself with a non-violent gang who threatened him with violence unless he committed robberies
  • duress applicable as he was unaware of the violent nature of the gang when he associated himself
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Duress Must Not be Self-Induced

HASAN

  • D involved himself with a violent drug dealer
  • was threatened with serious violence if he did not break into a house and steal money
  • duress unapplicable as D associated himself with the violent drug dealer

Developed the 3 questions for determining whether duress is self-induced

1. Could D have reasonably foreseen a risk of threats?

2. Could D have reasonably foreseen being forced to commit an offence?

3. Was the offence committed of the same type as the offence D was threatened to commit?

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Duress By Circumstances

WILLER

  • D's car was surrounded by youths; drove on pavement to escape; charged with reckless driving

CONWAY

  • D drove quickly to escape threats to his friend who was in his car; charged with reckless driving

MARTIN

  • D drove due to threats of suicide from his wife; charged with driving whilst disqualified

POMMELL

  • D found with a loaded machine gun; established that duress by circumstances is applicable to all offences other than murder and manslaughter

DEFENCE BY DURESS WAS APPLICABLE TO ALL OF THE ABOVE!

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