duress by threats

• Howe


  it is complete defence to all crimes except murder
• Gotts


  attempted murder
• and treason
• burden of proof is on the prosecution to disprove that the defendant was under duress
• R v Valderama Vega


  the threat must be to kill or do serious harm
• Cole


  the threat must be specifically related to the crime that has been committed
• Graham


  2 part test:

  1. was D compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death? (subjective)
  2. if so, would a sober person of reasonable firmness, sharing the characteristics of the accused have responded in the same way? (objective)
• Bowen


  sets out characteristics including: age, gender, pregnancy, physical disability, mental illness, or psychiatric condition NOT IQ
• R v Abdul Hussain


  the threat must be imminent not necessarily immediate - in that it is 'hanging over them'
• Gill


  there must be no safe avenue of escape
• Hasan


  duress not available when D voluntarily associates with criminals
• if voluntary intoxicated and mistakenly believed he's been threatened, he cannot use duress
• but if duress is irrelevant to the intoxication D can use it