Duress by threat/ circumstances

• What can't it be used for?


  murder or attempted murder
• When can duress by threats be used?


  threat through actions/ words
• R v Graham ?


  Homosexual activities, killed wife, if he didn't other person would kill him

  Established the questions
• What questions are asked if duress by threats ?


  was the defendant compelled to act as he did

  Did he respond as a sober person/ reasonable firmness
• R v Quayle?


  cannabis to dull pain

  caught growing cannabis - duress of circumstance

  guilty- needs to be imminent
• R v Bowen?


  relevant characteristics - sex, age , pregnancy, mental health

  low IQ of defendant doesn't count
• Imminent threat?


  Could D have made reasonable steps to commit the offence
• R V Hasan


  Needs to be immediately / almost immediately
• R v Batchelor?


  Fraudulent VAT over 2 years

  Defence failed
• Does self- induced duress work?

  Will not work

  for example , actively taking part in criminal activities
• Duress of circumstances?


  feel threatened in the situation your in
• R V Willer?


  Confronted by a gang, drove on pavement to get away

  Defence success