Self Induced Duress

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1. 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
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2. In Heath the defendant owed money to a drug dealer, he was then threatened and made to help supply cannabis

  • Duress was not allowed as he knew that becoming indebted to a drug dealer he would risk being threatened
  • 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. 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

4. 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

5. 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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