Threats

• Definition 


  They committed the offence only due to threats of harm to their self or family, or someone close to them if they did not commit the offence
• R v Hudson and Taylor

  Threats must be of a certain degree of severity to be valid for the purposes of the defence- threats of death or serious physical injury only
• R v McGrowther 


  Threats to damage or destroy property are not sufficient
• Valderrama 1985


  If there are valid and invalid types of threat- the invalid ones can be ignored and valid ones put to the jury
• Cole 1994


  Threats must relate to the offence charged
• R v Hasan 


  Requirements are necessary:

  • Threat of death or serious injury
  • Must be towards D, their family, someone close to them or someone they feel responsible for the safety of
  • Whether D acted reasonably in response to the threat
  • Whether the threats related directly to the crime D committed
  • Could D have taken action to Avoid threat
  • Whether D exposed himself to the threat
• R v Bowen 


  Would a sober and reasonable man have acted in the same way?

  • objective test
• R v Graham 


  If D is drunk or on drugs they will still be compared to a sober man
• R v Sharpe 


  This defence is not available for those who have voluntarily exposed themselves to the risk of threats nor to those who have failed to avail themselves of the opportunity to escape from the duress
• R v Gill


  Must also be no safe means of escape means of avoiding the threat
• Murder?


  Not an allowable defence for murder or attempted murder