Duress of threats

Cards (11)

  • R v Howe - KEY CASE

    Duress is not a defence available for murder as one person's life is not worth more than another's
  • R v Gotts - KEY CASE

    there can be no defence of duress for attempted murder as it is not available for murder
    1. R v Valderrama-Vega
    all threats can be considered but only threats of serious injury or death are sufficient for this defence
    1. R v Wandsworth
    there was good cause to fear serious violence
    1. R v Van Dao
    being held prisoner was not sufficiently serious enough for the defence of duress by threats
    1. R v Wright
    Threats made can include those outside of the immediate family
  • 2. R v Bowen
    Low IQ id irrelevant when taking into account the characteristics of D. Age, sex, pregnancy, a recognised mental illness or serious physical disability can be taken into account.
  • 3. R v Sharp
    the defence of duress will fail if D associates with people who are known to make threats
  • 3. R v Hassan
    the defence of duress is to be excluded due to voluntary association as he ought to have foreseen risk of threats
  • 3. R v Cole
    defence not available as D was not told to rob to pay the debt, no link with threat and crime of robbery
  • 3. R v Gill
    Duress is not a defence if there is a safe avenue of escape