Of threat

• What is it?

  Where D claims he was forced to commit the alleged offence, under immediate threat of serious harm to himself or someone else
• Effect

  Full aquittal
• What crimes can use defence?

  Most offences, except murder or attempted murder (R v Howe)
• Elements

  6 elements:

  1. Threat
  2. Against whom?
  3. Did D act reasonably
  4. Threat must be directly related to crime committed
  5. Could D have taken evasive action?
  6. Did D lay himself open to threats?
• The threat

  Must be so serious that it 'overbears the ordinary powers of human resistance'

  • AG v Whelan
• What overbears 'the ordinary powers of human resistance'?

  Death or serious injury, cannot be personal info

  • R v Singh
• Whom must the threat be towards?

  Either

  • Themselves
  • Immediate family
  • Someone close to D
  • Someone whose safety D would reasonably regard himself reasonable for
• Did D act Reasonably?

  Two stage Graham test

  • R v Graham
• Stage one of Graham test

  Was D compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death?
• Stage two Graham test

  Would a sober person of a reasonable firmness sharing D's characterists have responded in the same way in the same time?
• Characteristics for Graham test

  R v Bowden:

  • Age
  • Pregnancy
  • Serious physical disability
  • Recognised mental illness or psychiatric disorder
  • Sex
• Threat must relate directly to crime

  R v Cole
• Could D have taken evasive action?

  If D was able to escape or seek protection from law enforcement, Duress cannot be used

  • R v Gill
• Hudson v Taylor

  Police protection is not always fool proof, so could use defence of duress
• Did D lay himself open to threats?

  If D puts himself in a position where he is open to threats then he cannot argue duress

  • R v Hasan