Abdul-Hussain (1999) court of appeal ruled that: a) there must be immienent peril of death or serious injuy to D, or to those for whom he has responsbility; b) the peril must operate on D's mind at the time of committing the otherwise criminal act, as to overbear his will; this is a matter for the jury and c) execution of the threat need not be immediately in prospect. Duress only available where D is told to carry out a specific offence (Cole 1994) This only applies to duress by threats.
- Intoxication and duress- voluntary=no duress, however if there is no mistake & intoxication is irrelevant to the duress then D can use the defence.
- Self-induced duress- D cannot use duress where he brought the duress upon himself by: a) Joining a criminal gang which D knows is likely to use violence b) Or by putting himself in a position where he knows that he is likely to be subjected to threats of violence or actual violence like becoming indebted to a drug dealer (Sharp 1987/ Heath 2000) however if gang is non violent then defence is available (Shepherd 1987)
- Law on availability of duress where D voluntarily associates with violent criminals is defined in Hasan (2005 as : a) if D associates with criminals, he will not normally be able to use duress for any offence he commits due to threats of violence by those criminals and b) D can only use duress if he did not foresee that they would try to make him commit an offence through threats and a reasonable person would not have foreseen this either.
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