Defence of Duress (Cases)

HideShow resource information
  • 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
1 of 11

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
2 of 11

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?'

3 of 11

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

4 of 11

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)

5 of 11

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
6 of 11

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

7 of 11

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

8 of 11

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
9 of 11

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?

10 of 11

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!

11 of 11

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »