Please enable JavaScript.

Coggle requires JavaScript to display documents.

DURESS - Coggle Diagram

- - - - Are the threats sufficiently serious? Exposing someone's sexuality was not enough of a threat.
        R V Valderarmma-Vega--> The appellant had been convicted for importing drugs. He had done so because he had received threats of serious violence against him and his family if he did not comply. There were also threats to reveal his homosexual activities to his wife. He also received financial rewards for his action.
      - Are the threats unavoidable? Although the threat was not immediate, it was ‘hanging over them’ and could have been carried out following their offence.
        R V Hudson & Taylor --> two appellants, aged 17 and 19, were witnesses of a fight which occurred in a pub. They were called to give evidence in criminal proceedings against one of those involved in the fight. They had been threatened with violence if they gave evidence against the defendant. The threat had been repeated on several occasions
      - The defence is not available to those who have voluntarily self-induced duress
        R V Hasan--> involved in a criminal enterprise another member wanted him to commit a burglary Defendant voluntarily associated himself with criminal gangs.
      - The threat must be operative at the time of committing the crime R V Abdul-Hussain --> seven appellants were Shiite Muslims from Southern Iraq.
        Hussain had been sentenced to death in Iraq following a confession which had been extracted by torture.
        It need not be ‘immediate’ though, just imminent enough to be ‘hanging over them’.
    - - Personal characteristics can only be regarded where they are relevant to the defendant's interpretation of the threat
        R V Bowen--> appellant had on 40 occasions obtained electrical goods amounting to a value of £20,000 by deception. He had so acted because of threats to petrol bomb himself and his family. The appellant was abnormally suggestible and vulnerable. He had a low IQ of 68.
        
        Age and sex
        
        Pregnanvy
        
        Any disability
        
        Recognised mental illness