duress by threats

• The defence of duress is available where thedefendant was forced to commit a crime. Itexists to prevent a person being guilty ofcrime they would never commit.
• Duress can be used as a defence for all types of crimes except; Murder, Attempted Murder andTreason.
• what is the significance of the case of r v Howe?

  It shows how duress is not a defence to murder.
• which case shows how duress is not a defence to murder?

  v howe
• What is the significance of the case of r v Gotts?

  it shows how duress is not a defence to attempted murder
• which case shows how duress is not a defence to attempted murder?

  R v gotts
• what are the two types of duress?

  Duress by threats, Duress of circumstances
• What is meant by duress by threats?

  Duress by a threat exists where a person is threatened to commit an act he would not otherwise do
• According to the casse of AG v Whelan, what is the definition of duress by threats?

  Where the defendant is told to commit an offence, and they are subjected to threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance.
• what case defines duress by threats as Where the defendant is told to commit an offence, and they are subjected to threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance?

  AG v WhelaN
• what case gives the 6 elements of duress?

  r v Hassan
• What is the significance of the case of r v hassan?

  It gives the elements to duress
• What are the 6 elements of duress?

  1. There must be a threat to cause death or serious injury
  2. The threat must be directed against the D or their immediate familyor someone close to them.
  3. The defendant acted reasonably in light of the threats (an objective test).
  4. The threat relates directly to the crime committed by the D
  5. There was no evasive action the D could have taken
  6. The Defendant has not voluntarily laid themselves open to the threats
• The threat must be of death or serious injury. It’spossible that a number of threats can accumulate, but only the threat of death or serious injury will be considered
• What is the significance of the case of r v Valderrama vega?

  It shows how a threat can only be a threat of violence or death for the defence of duress to work.
• which case shows how a threat can only be a threat of violence or death for the defence of duress to work?

  R v Valderrama Vega
• What is the significance of the case of r v Hammond?

  It shows how the threat of death or violence must be imminent
• which case shows how the threat of death or violence must be imminent?

  r v Hammond
• The threat must be effective at the moment the crime is committed, but this does not mean the threat needs to be carried out immediately.
• what case shows that the threat doesnt need to be carried out immediately?

  r v Hudson and Taylor
• what is the significance of the case of r v hudson and taylor?

  it shows that the threat doesnt need to be carried out immediately
• The threat can be done to the defendant'sfamily, friend or even passenger in a car
• What is the signifiance of the case of r v conway?

  It shows how the threat can be made to a passenger in the defendant's car.
• which case shows how the threat can be made to a passenger in the defendant's car?

  R v Conway
• what is the significance of the case of r v graham?

  It gives the Graham test, the test to show if the defendant acted reasonably in light of the threats.
• What is the significance of the case of r v Graham?

  It gives the Graham test, the test to show if the defendant acted reasonably in light of the threats.
• What are the questions asked in the graham test?

  1. Was the defendant compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death?
  2. would a sober person of reasonable firmness, sharing the characteristic of the accused, have responded in the same way
• what is the significance of the case of r v bowen?

  It shows how the Age, Pregnancy status, serious physical disability, mental illness, and gender will be considered in the second part of the graham test, but not low IQ.
• which case shows how the Age, Pregnancy status, serious physical disability, mental illness, and gender will be considered in the second part of the graham test, but not low IQ?

  R v Bowen
• The defence of duress will only be successful if the defendant had no safe avenue of escape
• what is the significance of ther case of r v gill?

  It shows how the defence of duress will only be successful if the D had no safe avenue of escape
• which case shows how the defence of duress will only be successful if the D had no safe avenue of escape?

  R v Gill
• What is the significance of the case of r v hudson and taylor in terms of evasive actions being available?

  In this case, it was accepted that police protection might not always be effective, as the D might be too afraid to go to the police.
• in which case was it accepted that police protection might not always be effective, as the D might be too afraid to go to the police?

  r v Hudson and Taylor
• what does it mean that the defendant had laid themselves open to threats?

  This is where the D has brought the duress ontohimself through his own actions.
• What is the signiificance of the case of r v hasan in terms of the defendant laying themselves open to the threats?

  The HL decided that the defence of duress isexcluded where D voluntarily associates with others who are engaged in criminal activity and he/she foresaw or ought reasonably to have foreseen the risk of being subjected to threats of violence
• In which case did the house of lords decide that the defence of duress isexcluded where D voluntarily associates with others who are engaged in criminal activity and he/she foresaw or ought reasonably to have foreseen the risk of being subjected to threats of violence

  r v hasan
• what is the significance of the case of r v Cole?

  It shows that the defendant can only use the defence of duress if the threat is made in order to make them commit a specific offence.
• which case shows that the defendant can only use the defence of duress if the threat is made in order to make them commit a specific offence?

  r v Cole
• what are the elements to duress by threats?

  There is a threat to cause death or serious injury

  the threat is to the defendant or an immediate family member or someone close to the D

  The D acted reasonably iun light of the threats

  The threat directly relates to the crime committed by the D

  There was no safe avenue of escape for the D

  The D didn't voluntarily lay themselves open to the threats