duress

• duress by threats cases

  howe

  gotts

  valderama vega

  cole

  graham

  bowen

  abdul - hussain

  gill

  hasan
• defendent can raise the defence of duress by threats to all crimes but murder, attempted murder or treason
• howe - never a defence to murder

  gotts - or to attempted murder
• the burden of proof is on the pros to disprove the d was under duress
• valderama vega - the threat must be to kill or to do serious harm
• cole - the threat must be specifically related to the crime that has been committed
• 2 part test in graham:

  1. was the d compelled to act because he had reasonable belief to fear serious injury or death
  2. would a sober person of reasonable firmness have responded in the same way
• bowen - sets out the characteristics to include

  age - gender - pregnancy - mental illness but NOT IQ
• abdul hussain - the threat must be imminent not necessarily immediate
• gill - must be no safe avenue of escape
• hasan - duress not available when D voluntarily associates with criminals
• if voluntarily intoxicated and mistakenly believed hes been threatened, he cannot use duress but if duress is irrelevant to the intoxication then the D can use it