Duress

Question 1

What type of conduct is this?

Answer 1

• Excused and therefore not justified

Question 2

What are the two types of duress?

Answer 2

• By threats

- By circumstances

Question 3

Conflicts with what principle?

Answer 3

• Principle of Autonomy

Question 4

DPP v Lynch 1975

Answer 4

• Was an IRA driver party to killing a police officer as he drove the murder to scene of crime
• Sets out why and when the defence would be allowed
• People find themselves in ‘miserable, agonising plights’ through no fault of their own
• Showed that reasonable standards of people are important in regards to duress
• Found that the threat must be of death of GBH
• Overturned in Howe

Question 5

R v Howe 1987

Answer 5

• 2 boys tortured and killed v under threat they would be killed if they didn’t
• Created a two part test
• Appeal failed as duress not a defence for murder

Question 6

What is the 2 part test created in Howe?

Answer 6

1- Was or might D have been induced to act as he did as a result of believing if he did not he would be killed or GBH. if yes move to second part.
2- Would a sober person of reasonable firmness, sharing D’s characteristics have done the same? if yes the defence may succeed.

Question 7

R v Hasan 2005

Answer 7

• He was a minder for an escort company
• D was made to commit a burglary on someone otherwise him and his family would suffer
• He was convicted of aggravated burglary
• COA quashed conviction
• Crown appealed to HOL and conviction was reinstated as he had voluntarily exposed himself to threat
• The policy of the law should be to discourage association with a known criminal and it should be slow to excuse the criminal conduct of those who do so.

Question 8

R v Baker and Ward 1999

Answer 8

• Serious bodily harm does not include psychiatric harm.

Question 9

Is rape sufficiently serious harm?

Answer 9

• since 2012 yes

Question 10

Valderrama-Vega 1985

Answer 10

• Financial pressure and sexual blackmail is not serious enough to raise defence

Question 11

Dao 2012

Answer 11

• False imprisonment is not serious enough
• Here they were trafficked in and made to work in cannabis factory
• House was raided when he was in charge and he claimed duress
• Raised the question of the defence being too narrow

Question 12

R v Hudson 1971

Answer 12

• Giving evidence in court and someone known to them showed up to threaten them to not tell the truth
• She told untruths and tried use duress
• Threat was not immediate and duress was left to the jury

Question 13

Abdul- Hussain 1999

Answer 13

• Hijacked plane as he feared he would be deported and killed
• It was said by Lord Bingham that the threat must be immediate and unavoidable

Question 14

R v Sharp 1987

Answer 14

• Lord lane said ‘ no one could question that if a person can avoid the effects of duress by escaping from the threats, without damage to himself, he must do so’

Question 15

R v Graham 1982

Answer 15

• D helped gay lover kill his wife
• claimed he was under duress due to his anxious disposition
• ’ threat must have been enough that a sober person of reasonable firmness, sharing the characteristics of D would have responded in the same way’

Question 16

R v Abbott 1976

Answer 16

• The more serious the offence and the greater the impact on innocent third parties, the more that is expected of D by the way of resistance
• Hence why you cannot raise it for murder

Question 17

R v Bowen 1996

Answer 17

• D faced threats of his house being petrol bombed and on 40 occasions he stole amounting to £20,000
• He was more vulnerable that the average person as he had a low IQ but TJ said this was not relevant
• COA agreed and appeal was dismissed
• LJ stuart smith set out characteristics that could be relevant as oppose to IQ

Question 18

What characteristic did LJ Stuart Smith set out in R v Bowen?

Answer 18

• Age (young and not so robust)
• Sex
• Pregnancy (fear of unborn child)
• Serious physical disability
• Recognised mental illness (PTSD)

Question 19

Duress of threat

Answer 19

• x tells y if they don’t comply something will happen to them

Question 20

Duress of circumstances

Answer 20

• Where not committing the offence would lead to a worse out come
• Circumstantial pressure

Question 21

R v Willer 1986

Answer 21

• Committed driving offences in order to escape

Question 22

R v Conway 1989

Answer 22

• Committed driving offences to escape

Question 23

R v Martin 1989

Answer 23

• Driving while disqualified to get to his wife who was just about to commit suicide
• THE ACT HAS TO BE PROPORTIONAL TO THE CRIME