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Question 1

Is duress a defence to murder?

Answer 1

No (R v Howe).

Question 2

What types of duress are there?

Answer 2

Duress by threats and duress of circumstances.

Question 3

How does duress by threats arise?

Answer 3

Where someone threatens to kill or cause serious injury to the D or to someone close to him, unless the D commits an offence.

Question 4

What is duress of circumstances?

Answer 4

Where a D fears death or serious injury as a result of the circumstances that he finds himself in (R v Willer).

Question 5

In which case can we find the elements of duress?

Answer 5

R v Hasan.

Question 6

What are the elements of duress?

Answer 6

• the threat must be to cause death or serious injury
• the threat would be to himself, someone close to him or who he felt responsible for (Ortiz family; Shayler bomb)
• the offence must be caused by the threats
• the threat must be imminent (Hasan)

Question 7

When can you not rely on duress?

Answer 7

If your in a violent gang (Hasan).

Question 8

What is duress?

Answer 8

Where someone is forced or compelled to commit a crime.