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Duress - Coggle Diagram
Duress
Duress by threats
The starting point of the common law in criminal law is that an adult of sound mind is responsible for any crime they commit.
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The threat must be of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance
R v Hassan tests
- Immediate threat to cause death or serious injury
Serious injury is injury equivalent to GBH. Cumulative effects can b considered (R v Valderrama Vega)
- Threat directed to the defendant or their immediate family or someone close to them
Threats can be made against the defendant, their immediate family, someone close to them or a person for whose safety they would regard themselves responsible
- The defendant must have acted reasonably in light of the threats
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- Threats relate directly to the crime committed by the defendant
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- There is no evasive action the defendant could have taken
There needs to be no safe avenue of escape, contact the police when possible (R v Gill)
Police protection is not foolproof, if the defendant fears the consequences of police intervention there can still be duress (R v Hudson v Taylor
- Defendant cannot use the defence if they voluntarily laid themselves open to the threat
For example, joining a gang (R v Sharp)
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