Duress of Threats

• defined in

  A-G v Wheelan

  "circumstances where the defendant was ordered to commit an offence whilst subject to threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance"
• R v Hasan 


  D would drive prostitutes to clients. Ds boss became involved with Sullivan who was a violent drug dealer and took over most of Ds work. Sullivan boasted about 3 recent murders. One night ambushed him and told him he would rob a clients house or harm would come to his family. lead to 7 part test
• 7 elements of duress of threats - Lord Bingham 


  1. Threat relied upon must be to cause death or serious injury

  2. Threat must be directed against the defendant, or his immediate family or someone close to him

  3. Threat must be so great as to overbear the ordinary powers of human resistance

  4. Was the criminal offence directly caused by threat

  5. Was there any evasive actions D was expected to take

  6. did D voluntarily lay himself open to threats

  7. not available to murder/attempted murder
• Threat relied upon must be to cause death or serious injury 


  R v Valderrama v Vega - threats of violence but also to reveal homosexual tendencies. Jury look at all threats, on used duress due to violence

  R v Hudson and Taylor- threat has to be present at time of offence (hanging over D)

  threat to punch (R v Aihens), to expose sexual orientations (R v Singh) and to property (DPP v Lynch) is insufficient
• threat must be directed at D or Ds family or someone close to D


  R v Shayler - gave 30 secret government docs to journalists. didn't give enough information about the dangers, What was going to happen or how he would prevent it. no duress

  R v Martin - Drove even though disqualified as wife threatened to kill herself, son was late for work D drove him. used duress

  R v Conway- drove recklessly out of fear
• threat must be so great as to overbear the ordinary powers of human resistance 


  Graham test (3part)

  1. Did D reasonably believe circumstances of threat

  2. was his believed good cause for fear

  3. Was His response the one expected of a sober person of reasonable firmness
• R v Graham 


  D lived in flat with V (wife), and homosexual lover. Both had experienced violence from lover, and D was prescribed valium. King used knife on V, she went to stay with her mother. King drank heavily and D took large amount of valium, and then hatched plan to kill wife. D assisted in murder.

  believed valium made him susceptible to threats, but voluntary intoxication cannot be used
• R v Bowen 


  Take 5 factors into account

  1. Age -young/old more susceptible

  2. pregnancy- mother has additional fear

  3. serious physical disability- prevents defence

  4. recognised mental illness/disorder - disorder leads to high risk, doesn't include low IQ bit D may not understand nature of acts

  5. Gender- CoA think men have as much courage as women
• was the criminal offence directly caused by the threat 


  R v Cole - threatened by loan shark and girlfriend and child in danger. Robbed a bank to pay loan shark but was only threatened to repay money not rob bank.
• was there any evasive action D was expected to take

  R v Hurst - D must know/believe the threat is one that will be carried out immediately/before they can gain protection

  R v Hasan - if there is a delay, no defence: shown in R v Gill - was a period of time between threat and action to raise alarm
• R v Hudson and Taylor 


  Defendants were 17 and 19 years old and witnessed a fight in a pub and were called give evidence. They were threatened to lie in court and the person made multiple threats and sat in the public gallery on the day of the trial.

  Charged with perjury- judge said not duress as there was no immediate violence in the courtroom however convictions were quashed based on the fact the defendants would have been scared of the consequences.
• Did the defendant voluntarily lay himself open to threats


  Examples are

  •where he has voluntarily joined a criminal or terrorist organisation •where he has become indebted drug dealers

  •where he has committed murder
• R v Sharp


  Defendant jointed gang known for armed robberies later wanted to leave and was threatened with serious violence took part in a robbery at a Post Office and the post master died.

  Lord Lane CJ: "... which he knew might bring pressure on him to commit an offence and was an active member when he was put under pressure" is no duress
• R v Fitspatrick 


  If you voluntarily join the terrorist organisation and that are then subject to threats is no defence (IRA)
• R v Ali 


  In debt to drug dealers = no defence
• not available to murder 


  R v Howe

  Force to take part in a murder otherwise would face the same treatment no defence
• Not available to attempted murder

  R v Gotts Ordered by father to kill mother or he would be killed- no defence