Self Induced Duress

Created by: une-meduse
Created on: 06-06-13 22:25

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

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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

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

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

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In Shepherd the defence of self induced duress was allowed because

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

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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

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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

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Card 2

Front

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