• Created by: maya0
  • Created on: 25-01-23 09:47
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    • INTRO
      • duress isnt available for murder or attempted murder.
      • there is two types of duress:
          • duress by threats and duress by circumstances
    • duress by threats
      • defendant has both actus reus and mens rea but conviction is escaped because overborne by personal threats or threats towards the family. ( r v hasan)
      • R V GRAHAM
        • jury needs to consider two things:             - was the defendant impelled to act because feared they or someone else may be killed or physically injured if they did not act upon on these threats?          - if so would a sober reasonable person share the same characteristics and acted the same way?
        • threats of death and personal injury are important        (r v valderrama)
        • - defendant must not be able to avoid the threat        - this means they cannot use the defence if they have time to inform the police or to avoid the crime they have been threatened  to do                   (r v hasan)
        • duress will not be available where the defendant has voluntary associated with criminals, they should have foreseen they may be forced to do commit crimes. (r v hasan)
      • R V BOWEN
        • court will take into account the age and sex of the defendant as this may affect they ability to resist pressure. Also take into account physical disability and mental illnesses
    • duress by circumstances
      • requires fear of immediate death or serious injury (r v baker and ward)
      • mainly used as a defence for driving offences where the defendant felt forced to commit a driving offence because of the circumstances they are in
      • used for other crimes like fire arm (r v pommell) and hijacking (r v abdul)


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