Duress
complete defence, but not for murder
tests
People v Whelen received sum of money, knew it was taken from the bank, claimed he was under violent threats,- has to overbear ordinary power of human resistance - objective test
R v Hurley & Murray musn't be own fault under threat - objective test - threat present and continuing
R v Graham living with wife and another man- claimed to be threatened by other man to kill wife - have to measure up to ordinary citizen
Abdul Hussain plane hjacking, duress should have been left to jury, not a requirement for the threat to be instant
R v Z would reasonable person believe threat is real
DPP v Gleeson prison officer, slight subjective test, could go either way
nature of threat
DPP v Lynch doesn't cover threat to property
valderrama vegathreat to disclose sexuality rejected
threat of death or serious personal injury
R v Conway can be against another person
to whom
wright threat to accused's boyfriend is sufficient
abdul Hussain threat to who you have a responsibility for
opportunity to escape
R v Hudson & Taylor saw witnesses being prosecuted for perjury, saw person sitting in public falley - was duress - police couldn't always provide effective protection
DPP v O'Toole- claimed he was being minded, in reality stayed in separate accommodation and moved freely around Kinsale, could of walked away
Rv Joyce New Zealand - threat needs to be literally hanging over you (robbing gas station)
R v Ruzic carrying drugs, picked up in Canada, claimed town lacked police and elderly mother threatened, conviction overturned
murder*
People v Wheelan obiter dictum - murder not avaialble
DPP v Lynch aiding and abetting, was driver - could rely on duress
R v Abbot if you are the principle of one of the fatal moves duress is not available
R v Howe duress not available to those who participated as principles in second degree murder
R v Paquete person forced at gun point to drive acquaintances to scene of robbery, bystander was killed - no duress
DPP v Dunne duress not a defence to murder, any change would require legislation
joining violent organisation
R v Calderwood & Moor voluntarily joined UVF, suggest he ahd little choice but to take part - some shot dead - duress unavailable(Moore claimed forced to join, Caldwell voluntarly joined)
Baker in debt to local dealer, committed robbery not available
R v Fitzpatrick accused voluntarily joined IRA, threaten to take part in armed robbery - once voluntarily join can't use defence
Trafficking
Win Lin claimed to have been trafficked, EU law to not convict, but lack of evidence he was trafficked, had worked previously
martial coercion
DPP v Walsh & Connelly - argument no longer a presumption
LRC
no major recommendations
formally abolishmartial coercion