Defences: Duress Flashcards
What is the leading modern case in duress by threats?
Hasan (2005). In Hassan it was held that voluntary association undermines duress.
What did the Law commission recommend imposing in duress by threats?
They recommended imposing a legal burden on D in respect of duress because of the difficulty of proving
What is the case which explains that duress by threats does not apply to murder?
Howe
The threat must be to…
Cause death or serious injury
Who must the threat be directed at?
Must be directed at the individual or immediate family or to a person for whose safety D would reasonably regard him/herself to be responsible for. (Wright 2000)
Hudson Case
The appeal of duress was allowed - they lied because they felt threatened by gang member when giving evidence.
Cole case
Was in debt to a loan shark and told they would be seriously hurt so went to steal money to pay back debt - not duress by threats - could have told police. The threat must relate to a specific crime!!
Case law for voluntary exposure: gangs
It was upheld in Harmer that duress was not available
Duress does not apply to murder, what case reiterates this point?
The Wilson case (2007) - A 13 year old assisted his father to murder his neighbour. The COA in Wilson accepted that the law could be criticised for not providing duress as a defence in a scenario like this. But, they were obliged to follow the clear precedent in Howe.
There must be evidence of a threat, which case shows this?
Safi (2003) - Hijacked a plane, there was no evidence of a threat
Ali (1995)
Although in this case D had formed a relationship with the dealer and therefore prior fault. Such as in Harmer, where duress was not available due to voluntary exposure. In Ali, because the threat specified the crime being committed, duress was sufficient
Duress is not a defence to murder. What did Blackstone say about this?
Blackstone said that “a person ought rather to die himself than escape by the murder of an innocent”. This was recognised by a bare majority of the Privy Council in Abbott and later confirmed in the house of lords in Howe, where it was established that duress was no defence to murder.
Lord Brandon in Howe
Lord Brandon in Howe only reluctantly agreed with the other judges that duress should not be a defence to murder
Lord Griffins in Howe
Lord Griffins stated that the defence of murder does not apply as it is based on the special sanctity that the law attaches to human life, which denies that a man should take an innocent life even at the price of another life
The Trolley Problem
Train tracks, would you kill 5 people or switch the lever to kill only one? - similar link to duress not being available for murder
