DURESS CASES

DURESS CASES

1. Valderrama-Vega

   • D imported cocaine because of death threats. He also needed the money because he was in debt. There were also threats to expose his sexuality and this is not permitted on its own. However, the courts have said that you can look at the cumulative effects of all the threats.

2. Wright

   • Concerns a drug smuggling case. D was successful, even though her boyfriend had been threatened. The precise boundaries are not very clear, but immediate family does seem to be too restrictive.

3. Pommell

   • D took a gun off someone who was going to "do some damage". He took it home and was in bed with the gun when the police arrived. At the trial they said that he should have given the gun up straight away. On appeal his conviction was quashed.

4. Hudson and Taylor

   • Two girls (17 + 19 y/o) were witnesses in an assault case. They had been threatened about giving evidence so they lied under oath. They appealed against their conviction and were acquitted. Their ages, circumstances, and the type of protection that they would have been given was considered. At the first trial the judge said that they had an avenue of escape.

5. Cole

   • Moneylenders threatened D and his girlfriend as they wanted the money back. He decided that he would rob a couple of building societies but no one told him to do this so there was no nexus between the threat and what he did.

6. Fitzpatrick

   • D joined the IRA, a terrorist organisation known for its violence. D committed murder and said that he had been threatened. There was no defence.

7. Sharp

   • D, along with two other men, was involved in a robbery in a post office. The post master was killed. Sharp said that he was only the "bag man" and they threatened him if he did not cooperate. He was convicted of manslaughter.

8. Heath

   • D was a drug addict who was in debt with his dealer. He was threatened if he did not cooperate. He transported thousands of pounds worth of cannabis and was caught. There was no defence.

9. Hasan

   • Refers to a burglary. He was threatened with violence by Sullivan (a gangster and drug dealer who was involved in prostitution). Hasan had a connection with Sullivan and so exposed himself to threats of violence.

10. Shepherd

    • D was involved with a gang of shoplifters who stole cigarettes. However, they then turned violent and D argued that he could not leave them because they threatened him. His conviction was quashed because when he joined them they were not like that.

11. Ali

    • D took a golf car on a test drive and pulled a knife on the salesman. At his trial he said that he had been threatened by Hussain. It turned out that Hussain was a good friend of Ali's. The judge said that Ali had chosen to join "very bad company".

12. Graham

    • D was gay and living with his wife and gay lover (K). K was violent and a bully. They decided they wanted to kill the wife so they strangled her but the husband claimed that he was frightened of K. He was convicted of murder and this case established "the Graham test".

13. Bowen

    • D had a very low IQ. He obtained property by deception and was threatened with petrol bombing. A low IQ is not a characteristic that can be put forward.

14. Flatt

    • D was addicted to cocaine and agreed to look after drugs for a dealer after he and his family were threatened. At his trial he said that when considering his response to the threats, they should have looked at the fact that he was a drug addict.

15. Howe

    • The defendants tortured, abused and killed a couple of men and said that they were threatened to do so. It set the precedent that duress of threats is NEVER available for murder. This is unpopular with many people.

16. Gotts

    • A 16 y/o boy stabbed his mother after receiving death threats from his violent father. She survived so it was attempted murder. His conviction was upheld as it is also NEVER available for attempted murder. It is thought that this is harsh as the age and susceptibility of the defendant were not considered.

17. Wilson

    • A 13 y/o boy was threatened by his violent father to murder the neighbour using weapons. There was no defence as it was murder. This does not sit comfortably with the Graham test as it does not take the boy's age into consideration. *Lord Philips was VERY critical of the law here.*

18. Willer

    • D was forced to drive his car on the pavement to escape a gang of youths who were attacking him. He was convicted of reckless driving, but he successfully argued duress of circumstances.

19. Conway

    • D was driving at high speed to escape what he thought were two men about to attack his passenger. Once again the defence was successful.

20. Martin

    • A son was late for work and the other was hysterical saying that she would commit suicide if D did not drive her son, even though he was disqualified. He drove the son and was convicted. The defence was successful as there was medical evidence to suggest that she would have done it. *It should have been duress of necessity.*