Duress = where D commits the Actus Reus & Mens Rea, but has been forced to commit the crime.
- Duress is a complete defence.
2 types:
Duress by threats - force/pressure comes from actual threats by another. (E.g. A says to B if you don't do as I say "you will end up in the hospital")
Duress by circumstance - force/pressure comes from the circumstances that D is in. (E.g. A gang of lads running towards car, D drives off with guy on the bonet, guy ran over as D escapes.)
Duress by threats: following conditions apply:
1) must be a connection between threat and the crime. (D committed the crime he was ordered to do so.)
Cole - D owed money to loan sharks who threatened to hurt his family if he didn't get them thier money. D robbed 2 building societies. Held: "they didn't tell D to rob 2 building socieities, no defence."
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