Summary
Summary Duress Scenario Plan
A clearly structured duress scenario plan. Used for WJEC exam but applicable for other exam boards. Cases are included. A* standard.
[Show more]
Seller
Follow
Content preview
Duress ScenarioIntroduction
Duress is where a person is forced to commit a crime because they were under
threat of death or personal injury by another.
The duress can come in the form of a threat or from the circumstances themselves.
The defence is not available for murder or attempted murder as demonstrated by the
cases of Howe and Gotts, even if D’s age makes them more susceptible to committing
such crimes (R v Wilson).
Overruled DPP v Lynch, where it was held that duress was available as a defence to
murder.
Duress by Threats
Duress by threats is where a person is forced to commit a crime under a direct threat
of death or personal injury.
The case of Graham created a 2-part test which can be used to determine whether D
can rely on the defence.
The test seeks to address the balance between the seriousness of the threat and the
seriousness of the resulting criminal behaviour.
Part 1 – Subjective Test
Part 1 asks whether D acted because he reasonably believed that he would face
death or serious personal injury.
Seriousness
Threats other than death and personal injury will not be regarded as sufficiently
serious to constitute duress.
This is demonstrated by Valderrama-Vega, where it was held that threats to reveal
D’s homosexuality alone would be insufficient to find the defence but could be taken
into account when coupled with threats of serious personal violence.
The case of R v Hasan confirmed this position.
Was V threatened by the prospect of death or serious personal injury?
Unavoidable/Imminent
The defence will only succeed where the threat is unavoidable and imminent.
If the defendant had a chance to escape or report the threat to the police, then they
cannot use duress.
This is demonstrated by the case of R v Gill, where D was convicted after he was
threatened to steal a lorry but had a ‘safe avenue of escape’.
The case of Abdul-Hussain demonstrates that the threat need not be immediate, but
it has to be ‘imminent’ in the sense that it is ‘hanging over D’.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller eleanortrend. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £2.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
74534 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now