Duress
Duress Being forced to commit a crime.
Duress Explanation
Both R v Valderrama-Vega (1985): Threat must be of serious harm or death.
Additional Legal Issues:
> R v Martin (1989): These threats can be made against D’s family.
> R v Conway (1988): These threats can be made against D’s friends.
The Graham Test: Was the defendant compelled to act as he did because he reasonably believed he
had good cause to fear serious injury or death and if so, would a sober person of reasonable firmness,
sharing the characteristics of the accused, have responded in the same way?
Duress By Threats R v Cole (1994): The defendant should be instructed to commit a specific crime.
Restrictions:
> R v Howe (1987): Duress by threats can’t not be used as a defence to murder.
> R v Gotts (1992): Duress by threats can’t be used as a defence to attempted murder.
Duress By Circumstance R v Willer (1986): Instead of a specific threat being issued, the circumstances indicate a threat.
Restrictions:
> R v Pommell (1995): Duress by circumstance cannot be used as a defence to murder or attempted
murder.
Duress Being forced to commit a crime.
Duress Explanation
Both R v Valderrama-Vega (1985): Threat must be of serious harm or death.
Additional Legal Issues:
> R v Martin (1989): These threats can be made against D’s family.
> R v Conway (1988): These threats can be made against D’s friends.
The Graham Test: Was the defendant compelled to act as he did because he reasonably believed he
had good cause to fear serious injury or death and if so, would a sober person of reasonable firmness,
sharing the characteristics of the accused, have responded in the same way?
Duress By Threats R v Cole (1994): The defendant should be instructed to commit a specific crime.
Restrictions:
> R v Howe (1987): Duress by threats can’t not be used as a defence to murder.
> R v Gotts (1992): Duress by threats can’t be used as a defence to attempted murder.
Duress By Circumstance R v Willer (1986): Instead of a specific threat being issued, the circumstances indicate a threat.
Restrictions:
> R v Pommell (1995): Duress by circumstance cannot be used as a defence to murder or attempted
murder.
