Duress

• What is the definition of duress in legal terms?


  Duress is a complete defense where a defendant claims they committed a crime due to threats of immediate serious injury or death.
• What must a defendant demonstrate to use duress as a defense?


  The defendant must show they committed the act with the requisite mental state due to threats of immediate harm.
• Which crimes is duress not available as a defense?


  Duress is not available as a defense for murder, attempted murder, or treason.
• What crimes has duress been accepted as a defense for?


  • Manslaughter
  • Theft (Gill [1963])
  • Drug offences (Valderrama-Vega [1985])
  • Hijacking (Abdul-Hussain [1999])
  • Kidnapping (Safi & Others [2003])
  • GBH with intent (Cairns [1999])
  • Handling stolen goods
  • Firearms offences
  • Criminal damage
  • Perjury (Hudson & Taylor [1971])
  • Driving offences (Conway [1988])
• What are the two types of duress recognized in law?


  Duress by threats and duress by circumstance.
• What are the two tests established in Graham [1982] for duress?


  The subjective test (compulsion based on D's belief) and the objective test (reasonable firmness of a sober person).
• What does the subjective test in Graham [1982] assess?


  It assesses whether D reasonably believed they faced a threat of death or serious injury.
• What does the objective test in Graham [1982] evaluate?


  It evaluates whether a sober person of reasonable firmness would have acted the same way under the threat.
• In Cairns [1999], what was the outcome regarding the necessity of the threat?


  The conviction was quashed because the threat did not need to be real, only reasonably believed by D.
• What type of threats are considered sufficient for duress?


  The threat must be of death or serious injury; threats to property are insufficient.
• What was the ruling in R v Valderrama-Vega [1985] regarding threats?


  Threats of death from drug dealers were sufficient, but threats related to personal issues were not.
• What did Ortiz [1986] establish regarding threats to family?


  Threats that D's wife and children would 'disappear' were accepted as sufficient for duress.
• What does the case of Conway [1988] illustrate about threats?


  It illustrates that threats against a passenger in the car can justify a defense of duress.
• What is the current legal stance on threats to strangers in duress cases?


  There has been no official decision, but it seems likely that courts would allow it to excuse a crime.
• What did Hasan [2005] clarify about self-induced duress?


  Duress is not available if D voluntarily associates with criminals and foresees the risk of threats.
• What must be true about the threat at the time of the crime?

  The threat must be operative (current) at the moment the crime is committed.
• What was the significance of Hudson & Taylor [1971] regarding immediacy of threats?


  The threat was considered imminent as the defendants were witnesses in a trial where the threats were present.
• What does the objective test in Bowen [1996] focus on?


  It focuses on whether a reasonable person with D's characteristics would have resisted the threats.
• What characteristics are relevant in assessing a defendant's ability to resist threats?


  Age, pregnancy, serious physical disability, recognized mental illness, and gender may be relevant.
• What happens if a defendant is voluntarily intoxicated and believes they are being threatened?


  If there is no mistake and a real threat exists, duress is available regardless of intoxication.
• What are the key elements and cases related to duress?

  • Types: Duress by threats, duress by circumstance
  • Tests: Subjective (Graham [1982]), Objective (Graham [1982])
  • Key Cases:
  • Cairns [1999]: Threat does not need to be real
  • Valderrama-Vega [1985]: Threats of death are sufficient
  • Hudson & Taylor [1971]: Immediacy of threat
  • Bowen [1996]: Relevant characteristics for resistance
• What is the final task suggested in the study material regarding defenses?


  To choose four cases from each defense topic and create memorable doodles.