Duress

Question 1

Define Duress

Answer 1

Duress is a complete defence where D commits a crime because of threats or circumstances. D acts to avoid death or serious injury

Question 2

What are the two types of Duress

Answer 2

• Duress by threats
• Duress of circumstances

Question 3

What is the 6-part Test for Duress by Threats

Answer 3

• Threat of Death or Serious Injury
• Threat made to D or someone close
• Reasonable Response
• Crime was a Direct Result of the Threat
• No Safe Opportunity to Escape
• Not Self Induced

Question 4

Explain Threat of Death or Serious Injury and give a case

Answer 4

• Threat must be serious (not minor harm)
  R v Aikens - Threat must be serious enough (death/serious injury)

Question 5

Explain Threat to D or Someone Close and give a case

Answer 5

Threat can be to:
D, Family, Someone D feels responsible for
R v Hassan: Usually limited to immediate family/close persons

Question 6

Explain Reasonable Response (Graham Test)

Answer 6

Graham Test:
Subjective - Did D genuinely fear death/serious injury
Objective test - Would a sober person of reasonable firmness act the same

Question 7

Explain Direct Result of the Threat and give a case

Answer 7

• Crime must be directly caused by the threat.
  R v Cole: Must be a close link between threat and crime

Question 8

Explain No Opportunity to Escape and give a case

Answer 8

• Threat must be immediate/active
• D must have no safe way to avoid it
  R v Hurst: if D could escape -> defence fails

Question 9

Explain Not Self Induced and give a case

Answer 9

• D must not put themselves in the situation
  R v Sharp: Joining a violent gang -> defence fails
  Key Point: Foreseeable risk of threats = no defence

Question 10

Explain Duress of Circumstances and give a Case

Answer 10

• Threat comes from situation not a person
  R v Conway: D drove dangerously to escape perceived threat -> Duress Applies

Question 11

What Test applies after identifying Circumstances

Answer 11

Apply Same 6-part Test after identifying Circumstances as you would with Threat

Question 12

What is the Limitation to Duress

Answer 12

Defence not available for Murder and Attempted Murder