duress

• R v Howe


  Duress is not available for murder
• R v Gotts


  Duress is not available for attempted murder
• R v Hassan (6 tests for duress)


  1. Has D received a threat of death or serious injury?

  2. Was the threat directed a D, D's immediate family, someone close to D or someone whose safety relies on D?

  3. Has D acted reasonably in light of the threats? Did D commit the crime because they reasonably feared death or serious injury? Would a sober person of reasonable firmness, with the same characteristics have acted the same way?

  4. Do the threats relate to the offence committed?

  5. Was there any evasive action D could have taken?

  6. Did D leave themselves open to the threats?
• R v Valderrama-Vega


  A cumulative effect of threats can be considered
• R v Hudson and Taylor


  The threats must be effective at the moment the crime is committed
• R v Cole


  Threats must relate to the crime committed
• R v Gill


  If there was a safe avenue of escape, duress cannot be used
• R v Sharp


  D cannot rely on duress if they associated with a gang