Defence of Duress (Cases)

VALDERRAMA-VEGA

• D threatened with murder and a revelation of his homosexuality if he did not import cocain
• duress applicable

• MURDER THREAT HELD AS A NECESSITY
• duress would not have been applicable with homosexuality revelation threat only

FAMILY

MARTIN

• wife threatened D with her suicide if he did not drive - he was disqualified
• charged with driving whilst disqualified
• duress applicable

FRIENDS

CONWAY

• mistaken threat towards D's friend who was within his car
• drove away at speed to avoid threat
• charged with reckless driving
• duress applicable

DEVELOPED WITHIN GRAHAM

SUBJECTIVE TEST:

'Was D compelled to act due to a reasonable belief in a cause to fear serious violence or death?'

OBJECTIVE TEST:

'Would a sober person of reasonable firmness with the same characteristics as D have acted in the same way?'

BOWEN:

• D threatened with petrol-bombing if he did not obtain products dishonestly
• his low IQ was not considered as a characterstic that affected his ability to resist pressure and threats

LEAD TO THE ESTABLISHMENT 5 CONSIDERABLE CHARACTERISTICS

MARTIN

• D has schizoid-affective disorder
• developed a mistaken belief in threats
• carried out two robberies
• duress applicable

MISTAKES IN DURESS ARE ALLOWED AS LONG AS THEY ARE GENUINE AND REASONABLE (Hasan)

GILL

• D threatened unless he stole a lorry
• he had a chance where he was alone to seek help
• he therefore had a 'safe avenue of escape'
• duress unapplicable

HUDSON & TAYLOR

• Ds - 17 and 19 committed perjury after being threatened with serious injury if they gave witness statements
• claimed they had access to the police who could have acted as a 'safe avenue of escape'
• duress applicable after considering the three points developed from this case
• : age, risk of police involvement and circumstances of threats

ABDUL - HASSAIN

• hijacked a plane to escape threats of execution
• duress applicable
• it was decided the threat was imminent
• the points to consider when deciding the imminence of threats were developed in this case

1. threats of death or serious violence or death were made to D

2. these threats neutralised the defendant's will at the time of comitting the offence

3. the threat need not be immediate

COLE

• D threatened with serious violence unless he repayed money he owed
• he stole from 2 building societies to obtain the money to do so
• charged with 2 counts of robbery
• duress unapplicable

THE THREATS MADE WERE NOT SPECIFIC TO THE CRIME HE COMMITED - THERE WAS HELD TO BE NO ASSOCIATION BETWEEN THE THREAT AND THE OFFENCE

SHARP

• D associated himself with a violent gang who threatened him with violence unless he committed robberies
• a man was killed during a robbery
• duress unapplicable as D knew the violent nature of the gang when associating himself

SHEPARD

• D associated himself with a non-violent gang who threatened him with violence unless he committed robberies
• duress applicable as he was unaware of the violent nature of the gang when he associated himself

HASAN

• D involved himself with a violent drug dealer
• was threatened with serious violence if he did not break into a house and steal money
• duress unapplicable as D associated himself with the violent drug dealer

Developed the 3 questions for determining whether duress is self-induced

1. Could D have reasonably foreseen a risk of threats?

2. Could D have reasonably foreseen being forced to commit an offence?

3. Was the offence committed of the same type as the offence D was threatened to commit?

WILLER

• D's car was surrounded by youths; drove on pavement to escape; charged with reckless driving

CONWAY

• D drove quickly to escape threats to his friend who was in his car; charged with reckless driving

MARTIN

• D drove due to threats of suicide from his wife; charged with driving whilst disqualified

POMMELL

• D found with a loaded machine gun; established that duress by circumstances is applicable to all offences other than murder and manslaughter

DEFENCE BY DURESS WAS APPLICABLE TO ALL OF THE ABOVE!