general defence where D is forced by threats or circumstances to commit a criminal offence
1 of 18
Duress by Threats
where D it threatened by another person to commit a criminal offence
2 of 18
Hudson and Taylor 1971
The threat must be of death or serious personal injury
3 of 18
Lynch 1975
threat to property will not suffice : "the law must draw a line somewhere and as a result of experience and human valuation the law draws it between threats to property and threats to the person"
4 of 18
Valderrama-Vega 1985
"threats to expose a sexual orientation are insufficient"
5 of 18
Baker and Wilkins 1996
defence of duress should not stretch to psychological injury
6 of 18
Ortiz 1986
"duress is a defence if a man acts soleley as a result of threats of death or serious injury to himself or another"
7 of 18
Wright 2000
confirmed Ortiz: the threats can be directed towards members of D's immediate family, or indeed to 'soem other person for whose safety D would be reasonably regard himself as responsible"
8 of 18
Hudson and Taylor 1971
the threat must have been operative on D, or other parties, at the moment he committed the offence
9 of 18
Hasan 2005
'immediate' or 'almost immediate'
10 of 18
Gill 1963
D will be epected to take advantage of any reasonable opportuniy that he has to escape from the duressor and/or contact the police. if he fails then the defence may fail
11 of 18
Pommell 1995
confrimed Gill: "in some cases a delay, especially i unexplained may be such as to make it clear that any duress must have ceased to operate in which case the judge... will decide the defence is not open"
12 of 18
Hudson and Taylor 1971
police protection: "in deciding whether an escape opportunity was reasonably open to the accsued he jury should have reagrd to his age and circumstances and to any risks to him which may be involved in the course of action relied upon"
13 of 18
Cole 1994
it is only a defene is the defendant commits some specific crime which was nominaed by the person making the threat
14 of 18
Fitzpatrick 1977
D will be denied the defence if he voluntarily place himseld in such a situation that he risks being threatened with violence to commit a crime... such as joining a criminal organisation
15 of 18
Sharp 1987
confirmed Fitzpatrick
16 of 18
Graham Test 1982
1) subjective: if the jury is satisfied that D reasonably believed he faced a threat of death or serious injury, an that the belief gave him good cause then the first question is answered in D's favour
17 of 18
Graham Test 1982
2) objective: if the ordinary person sharing the charactersitcs of D would have resisted the threats, the defence is unavailable
18 of 18
Other cards in this set
Card 2
Front
where D it threatened by another person to commit a criminal offence
Back
Duress by Threats
Card 3
Front
The threat must be of death or serious personal injury
Back
Card 4
Front
threat to property will not suffice : "the law must draw a line somewhere and as a result of experience and human valuation the law draws it between threats to property and threats to the person"
Back
Card 5
Front
"threats to expose a sexual orientation are insufficient"
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