Self Induced Duress

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1. In Shepherd the defence of self induced duress was allowed because

  • a) joins a criminal gang which is known to use violence, b) where D puts him/herself in a position where they know that they are likely to be subjected to threats of violence or actual violence eg drug dealers, involvement with gangs
  • The defendant had joined a gang that carried out shop lifting of cigarettes, this was non violent behaviour however when D wanted to leave he was subject to violence
  • He/she did not forsee that they would try and make him/her commit an offence through threats AND a reasonable person would not have foreseen this either
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2. Self induced duress is where the defendant has brought the duress on him/herself through his own actions eg where the defendatn

  • Voluntarily joins a criminal gang
  • a) joins a criminal gang which is known to use violence, b) where D puts him/herself in a position where they know that they are likely to be subjected to threats of violence or actual violence eg drug dealers, involvement with gangs

3. Where the defendant voluntarily associates with criminals, he will not normally be able to use the defence of duress for any offence committed due to threats from those criminals unless

  • He/she did not forsee that they would try and make him/her commit an offence through threats AND a reasonable person would not have foreseen this either from the case of Hasan
  • a) joins a criminal gang which is known to use violence, b) where D puts him/herself in a position where they know that they are likely to be subjected to threats of violence or actual violence eg drug dealers, involvement with gangs

4. In the case of Sharp duress was not allowed to use duress because

  • a) joins a criminal gang which is known to use violence, b) where D puts him/herself in a position where they know that they are likely to be subjected to threats of violence or actual violence eg drug dealers, involvement with gangs
  • He had joined a gang that carried out robberies, on the last robbery he claimed he did not want to be there and a man was shot dead, however when he joined he knew they were likely to use violence
  • He/she did not forsee that they would try and make him/her commit an offence through threats AND a reasonable person would not have foreseen this either

5. The normal rule for self induced duress is that, where the defendant is aware that he may be put under duress to commit offences, he cannot use the defence, this applys to the following situations

  • a) joins a criminal gang which is known to use violence, b) where D puts him/herself in a position where they know that they are likely to be subjected to threats of violence or actual violence eg drug dealers, involvement with gangs
  • He/she did not forsee that they would try and make him/her commit an offence through threats AND a reasonable person would not have foreseen this either

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