Criminal Defences: Duress by Threats

What type of law is duress?

Duress is a common law defence for when a D was acting under the threat of death or serious injury.

What crimes is duress available for?

All crimes except from murder (Howe), attempted murder (Gotts) and treason.

Howe: D strangled V because of threats, defence failed.

Which case set out the criteria for duress by threats and what as?

Hasan in 2005:

D burgled a house under threat from a drug dealer.

Held:

1. There must be a threat to death or serious injury

2. Graham established a 2-part test, objective and subjective - D must act reasonably in the light of threats

3. The threats relate closely to the crime

4. There was no evasive action the D could have taken

5. The defence fails if the D volunatrily associates themselves

1. Threat of death or serious injury

This can be against the defendant, family, someone they are close to or have a responsibility for.

Valderrama-Vega: D smuggled drugs as the mafia threatened to expose his homosexuality and injury him and his family. HELD: Only the threat to injury could be taken into account. (defence failed anyway as he voluntarily associated himself)

2. D must act reasonably in the light of threats and be judged objectively - Graham

Graham: D lived with his lover, King. King was violent and one night asked Graham to help strangle Graham’s wife. Graham pleaded duress but was convicted of murder.

1. Was the D forced to act, as he reasonably believed he had cause to fear death/personal injury (subjective) (Hasan)

2. Would the reasonable man, having D’s characteristics, have acted in the same way? (objective) (Bowen)

Bowen:

D had low IQ and was threatened with a petrol bomb. HELD: low IQ was not a relevant characteristic, however age, pregnancy, and mental/physical disabilities were.

3. Casual Nexus

There has to be a direct link between the threat made and the crime comitted by the D, or else the defence will fail.

Cole:

D owed money to lenders, so robbed building societies. The lenders threatened to harm the D and his gf if the money was not paid.

Held: The defence failed as there was no casual nexus- the lenders never told D he had to rob the banks.

4. No evasive action could be taken

For the defence to succeed there must have been ‘no safe avenue for escape’.

Gill:

D and his wife were threatened with harm unless he stole a lorry. However, he was left alone for a period of time where he could have raised alarm.

Held: there was a possibility for a ‘safe avenue for escape’ so the defence failed.

5. Voluntary association with violence (self-induced duress)

The defence of duress fails where the D could have foreseen or reasonably ought to have foreseen a risk of death/injury as a result of his associations, e.g. joining a gang, drug dealing.

Hasan:

D was in debt with a drug dealer who threatened to hurt him and his family unless he robbed a bank. Held: defence failed.