Duress

Question 0

Shayler

Answer 0

Threats of very serious psychological harm may suffice.

Question 1

Hudson and Taylor

Answer 1

The threat must be of death or serious injury.

Question 2

Rodger and Rose

Answer 2

The threat must be external to D

Question 3

Valderrama-Vega

Answer 3

The cumulative effect of all the threats, not all of which need involve death of serious injury, may be considered by the jury.

Question 4

Howe

Answer 4

If the threat is to persons other than D, they must be people for whom D “reasonably regards himself as being responsible” and it has to “at least be possible to describe the individuals by reference to the threat.

Question 5

Cole

Answer 5

The threat must be directed at the offence committed (may be overruled by Martin (David)).

Question 6

Graham (2 precedents)

Answer 6

1. D’s belief that he has been threatened with death or serious injury must be a genuine and reasonable belief.
2. The threats must be such that a sober person of reasonable firmness sharing D’s characteristics would have given in to them.

Question 7

Bowen (3 precedents)

Answer 7

1. D’s unusual susceptibility to threats or frailty of constitution is not a relevant characteristic.
2. The characteristic must place D within an identifiable class of persons who are by result of that characteristic more susceptible to threats than persons outside that class.
3. Characteristics due to self-induced abuse are not relevant.

Question 8

Hasan (2 precedents)

Answer 8

1. The threat must be of imminent harm such that D has no opportunity to take evasive action.
2. D must not have associated with criminals where he ought REASONABLY to have foreseen that he might be subjected to threats of violence as a result.

Question 9

David and Pittaway

Answer 9

The threat must not have expired when the offence was committed.

Question 10

Howe/Gotts

Answer 10

Duress is not a defence to murder/attempted murder.