Duress and Necessity

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  • Duress and necessity
    • A) Threat- R V Valderrama Vega- quashed conviction as jury was entitled to look at the cumulative threats, other threats not enough w/o threat of death
      • Hurley and Murray- girlfriend is sufficient
      • Shalyer- even if not previous connection e.g. threat bomb will go off harming others
    • C) No safe avenue of escape:Immediate threat- R V Hasan- HL reinstated conviction
      • Hudson and Taylor- doubtful D can rely on defence as there was an opportunity to go to the police
    • D) Self induced duress- R V Sharp-is gang D associated with overtly violence, D ought reasonably known he would be subject to threats
      • R V Shepherd- if gang not overtly violent, left to jury
    • Duress by Circumstance-R V Willer- convicted of reckless driving, CoA agreed jury should have considered if he drove under compulsion i.e. duress
      • R V Conway-quashed conviction, ruled defence available if objectively D acting in order to avoid threat of death or serious injury
      • R V Pommell-confirmed duress by circumstance follows same rules as duress by threat
    • B) D’s belief in threats and response is reasonable - R V Graham- 1)did D reasonably believe in circumstances of threat and was it good cause for D’s fear? 2)was D’s response one that might be expected of sober and reasonable person?
      • Objective test- Bowen- ability to resis pressure and threats- age, pregnancy, serious physical disability, recognised mental illness, gender
      • Actions CAUSED by threat- R V Cole- couldn’t rely on duress as the threat was not to get D to commit the robberies
      • Subjective test- Martin-CA allowed appeal- D’s mental state is relevant deciding if he reasonably believed he/his family’s safety was at risk
    • Necessity- R V Dudley and Stephens- claim of necessity to save themselves from dying rejected
      • Re F - lawful under necessity and be a duty for Drs to do do (mental difficulties, sexual relationship, sterilisation)
      • Overlaps with necessity and duress in circumstance-R V Quayle
      • Duress and mistake- quashed conviction and ruled defence available if D acting in order to avoid threat of death or serious injury
    • Duress= another person threatens harm if D does not commit a crime. Necessity= d forced by natural circumstances to choose between two evils, crime is the lesser evil


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