duress

• Duress


  This is where the defendant has been forced to commit a crime against their will. They have been forced through threats.

  The defence is not available to murder, attempted murder or treason.
• Tests for Duress


  Case - R v Hasan - this test sets out the tests for duress.

  1. There must be a threat to cause death and serious injury.
  2. The threat must be against the defendant, defendant's immediate family or someone close to the defendant.
  3. Has the defendant acted reasonably in light of the threats?
  4. Do the threats relate to the crime the defendant committed?
  5. Was there any 'safe avenue of escape'?
  6. Did the defendant voluntarily leave themselves open to those threats?
• 1 There must be a threat to cause death or serious injury


  The threat must be of death or serious injury (grievous bodily harm).

  Cumalative threats can be considered alongside a threat of death and serious injury.

  Case - R v Valderrama-Vega
• 2 The threat must be against the defendant, defendant's immediate family or someone close to the defendant

  • Defendant
  • Defendant's immediate family
  • Someone close to the defendant
  • Someone whose safety relies on the defendant
• 3 Has the defendant acted reasonably in light of the threats?

  Case - R v Grahams

  In deciding whether the defence of duress should be allowed, the jury will be asked to consider a two-part test:

  • Did the defendant commit the conduct because they reasonably believed they have a good cause to fear death or serious injury?
  • Would a sober person of reasonable firmness, sharing the same characteristics of the defendant, have responded in the same way? - Characteristics can include: age, pregnancy, mental illness, gender.
• 4 Do the threats relate to the crime the defendant committed?

  The defence is only available if the threats are made to make a defendant commit a certain offence.

  Case - R v Cole
• 5 Was there any 'safe avenue of escape'


  If there is a safe avenue to escape, the defence cannot be used.

  If the threat is not likely to happen immediately, this potentially leaves some scope that escape can occur.

  Case - R v Gill
• 6 Did the defendant voluntarily leave themselves open to those threats?

  If you open yourself to threats, such as being involved in criminal activity, the defence is not allowed.

  Case - R v Hasan
• The verdict


  If the defendant successfully proves that their conduct was done in duress, then they can be acquitted of all the charges, meaning that no sentence is required.