Source: common law
General defence, but not available for all crimes, not available for murder/attempted murder
Defence: Duress is a defence raised where someone has been forced to commit the crime
• The defendant has the AR and MR but says that they had no real choice.
• They could either commit the crime or face serious injury or even death.
• The defence is really an excuse.
• It is described as a concession to human frailty.
3 PRESSURE DEFENCES
(a) DURESS BY THREATS -This is through direct threats from another (deliberate threats by another to make the
defendant commit the crime)
(b) DURESS OF CIRCUMSTANCES - This is threats from external circumstances (it involves a dangerous situation and
the defendant committing a crime to avoid the dangerous situation)
NECESSITY- Defendant feels pressurised to commit a crime as committing the crime is the lesser of two evils. More
harm would be done, by them committing the crime, than by them not doing it.
Judicial precedent
R v Howe
R v Gottd
Introduction to the nature of law
Dudley and Stephens
Re A (Conjoined Twins)
Element 1: Nature of the threat
a) type of threat
The threat must include threats of serious personal injury or death. E.g Valderrama Vega. Only threats against
people, not available for property (DPP v Lynch). Pets are property not people
b) who threat was to(wards)
Threat must be towards the defendant or someone for whom they feel responsible.
Valderrama Vega- threats to defendant and family
Wright-boyfriend and court said anyone whom defendant felt responsible for, including boyfriend- extends beyond
family..
Shayler- does not include threats to the public at large (general public/society)
Conway –passenger in car for duress of circumstance
c) timing of the threat
(what, who, when?)
Cases such as Abdul Hussain and Safi (hijacking cases) told us that the threat had to be imminent but not
immediate.
This means that the threat must be operating on the defendant’s mind at the time they commit the crime.
General defence, but not available for all crimes, not available for murder/attempted murder
Defence: Duress is a defence raised where someone has been forced to commit the crime
• The defendant has the AR and MR but says that they had no real choice.
• They could either commit the crime or face serious injury or even death.
• The defence is really an excuse.
• It is described as a concession to human frailty.
3 PRESSURE DEFENCES
(a) DURESS BY THREATS -This is through direct threats from another (deliberate threats by another to make the
defendant commit the crime)
(b) DURESS OF CIRCUMSTANCES - This is threats from external circumstances (it involves a dangerous situation and
the defendant committing a crime to avoid the dangerous situation)
NECESSITY- Defendant feels pressurised to commit a crime as committing the crime is the lesser of two evils. More
harm would be done, by them committing the crime, than by them not doing it.
Judicial precedent
R v Howe
R v Gottd
Introduction to the nature of law
Dudley and Stephens
Re A (Conjoined Twins)
Element 1: Nature of the threat
a) type of threat
The threat must include threats of serious personal injury or death. E.g Valderrama Vega. Only threats against
people, not available for property (DPP v Lynch). Pets are property not people
b) who threat was to(wards)
Threat must be towards the defendant or someone for whom they feel responsible.
Valderrama Vega- threats to defendant and family
Wright-boyfriend and court said anyone whom defendant felt responsible for, including boyfriend- extends beyond
family..
Shayler- does not include threats to the public at large (general public/society)
Conway –passenger in car for duress of circumstance
c) timing of the threat
(what, who, when?)
Cases such as Abdul Hussain and Safi (hijacking cases) told us that the threat had to be imminent but not
immediate.
This means that the threat must be operating on the defendant’s mind at the time they commit the crime.
