Duress
● Duress is when the defendant is put in a situation where they are forced to commit a crime due to
fear
● The common law test for duress is D committed offence because he/she has been threatened with
death/serious injury.
There are two forms of duress:
● Fear
● Circumstances
● Duress is a general defence (full)
● Burden of proof is on the prosecution
, Limitations:
1. What must the threat be about?
2. Who must be threatened?
3. Does it have to be the only threat?
4. Must there be a link between the threat and the crime committed?
5. What if there is an opportunity to escape?
6. How imminent does the threat have to be?
7. What if the duress is self-induced?
8. Can you use the defence for murder
9. Can you use the defence for attempted murder?
● Duress is when the defendant is put in a situation where they are forced to commit a crime due to
fear
● The common law test for duress is D committed offence because he/she has been threatened with
death/serious injury.
There are two forms of duress:
● Fear
● Circumstances
● Duress is a general defence (full)
● Burden of proof is on the prosecution
, Limitations:
1. What must the threat be about?
2. Who must be threatened?
3. Does it have to be the only threat?
4. Must there be a link between the threat and the crime committed?
5. What if there is an opportunity to escape?
6. How imminent does the threat have to be?
7. What if the duress is self-induced?
8. Can you use the defence for murder
9. Can you use the defence for attempted murder?
