DEFENCE: Duress

Duress - is a defence based on the fact that the defendant has been effectively forced to commit the crime.

• The defendant has committed the offence because he/she has been threatened with death or serious injury.
• The law therefore allows a defence.
• The defendant has to choose between being killed or seriously injured or committing a crime.
• There is no real choice in a situation like that
• The defendant can be considered as so terrified that he ceases (gives over) 'to be an independent actor'.
• However, despite this the defendant knowingly does the actus reus for the offence and has the required mens rea.
• This means that if the law did not allow the defence, he/she would be liable for the offence.

Duress can be either through a direct threat by another - 'Duress by threats'

OR

external circumstances - 'Duress of circumstances' which overlaps with the defence of necessity.