Duress by Threats

Cards (10)

  • Complete defence to all crimes but murder (Howe), attempted murder (Gotts) and treason
  • Burden of proof is on prosecution
  • The threat must be to kill or cause serious harm (Valderama Vega)
  • Threat must be directly related to the crime been committed (Cole)
  • 2 part test set out in (Graham)
    1. compelled to act due to fear - subjective
    2. would a sober person of reasonable firmness do the same? - objective
  • (Bowen) sets out characteristics, not IQ
  • Threat must be imminent not necessarily immediate (Abdul-Hussain)
  • No safe avenue of escape (Gill)
  • Duress not available if def voluntarily associates with criminals (Hasan)
  • Cannot use the defence if voluntarily intoxicated