Duress Defence Prosecutions
⚖️ Duress Defence: Legal Overview
Duress is a general defence used when a person commits a crime because they were forced or threatened with serious harm or death. If accepted, it can lead to a complete acquittal.
There are two main forms:
Duress by threats (e.g., "Do this or I’ll kill you")
Duress of circumstances (e.g., driving dangerously to escape immediate danger)
✳️ Not available for murder, attempted murder, or (in some cases) treason.
✅ Legal Requirements (from case law):
To succeed in duress, two main tests apply:
1. Subjective test — Did the defendant genuinely believe they faced a serious threat?
2. Objective test — Would a person of reasonable firmness have acted the same?
📚 Landmark Duress Cases in Detail
1. R v. Hasan (2005)
Facts:
Hasan, a chauffeur, was forced by a violent gang member to commit burglary. He claimed duress due to fear of serious harm.
Held:
The defence of duress failed because Hasan voluntarily associated with known criminals, which made the threat foreseeable.
Key Principle:
➡ If you voluntarily associate with violent criminals, you may be barred from using duress.
2. R v. Graham (1982)
Facts:
Graham lived with his wife and male lover, who pressured him to help kill his wife. Graham claimed he feared his lover.
Held:
The court set out a two-part test for duress (subjective + objective). Graham failed the objective part.
Key Principle:
➡ Even if you are genuinely afraid, the jury must ask whether a reasonable person would have yielded.
3. R v. Valderrama-Vega (1985)
Facts:
Defendant imported cocaine under threats of death, financial pressure, and threats to expose his sexuality.
Held:
Only the threat of death or serious injury counted. The court said duress may be allowed if that was the main reason for acting.
Key Principle:
➡ Multiple pressures don’t bar duress, but the serious threat must be a major factor.
4. R v. Cole (1994)
Facts:
Cole committed armed robberies to repay money under threats from a loan shark. But the loan shark hadn’t told him to rob a bank specifically.
Held:
Duress failed — there was no direct link between the threat and the specific offence.
Key Principle:
➡ The threat must be immediate and linked to the specific crime committed.
5. R v. Hudson and Taylor (1971)
Facts:
Two teenage girls lied in court to protect themselves from being attacked by a gang. The prosecution said they should have gone to police.
Held:
Duress was allowed — the threat was immediate and real, even if not happening at the exact moment.
Key Principle:
➡ Duress doesn’t require the threat to be carried out instantly, but it must be effectively present.
6. R v. Bowen (1996)
Facts:
Bowen, who had low IQ, bought goods fraudulently under pressure. Claimed duress due to threats.
Held:
Low IQ alone is not enough — only recognized mental conditions count when assessing “reasonable person” standard.
Key Principle:
➡ The objective test considers some characteristics (like age, gender, physical disability), but not intelligence.
🧠 Summary Table
| Case | Issue | Outcome | Key Rule |
|---|---|---|---|
| R v. Hasan (2005) | Threats from known criminals | Duress not allowed | If threat is foreseeable, duress fails |
| R v. Graham (1982) | Fear of coercion by partner | Duress failed | Introduced 2-part test (subjective + objective) |
| R v. Valderrama-Vega (1985) | Multiple pressures | Duress allowed | Threat must be serious and significant cause |
| R v. Cole (1994) | Threat not linked to crime | Duress failed | Threat must direct the specific offence |
| R v. Hudson & Taylor (1971) | Fear of gang violence | Duress allowed | Threat must be effectively present, not instant |
| R v. Bowen (1996) | Low IQ as a factor | Duress failed | Reasonable person test excludes low IQ |
🔁 Quick Review — When Does Duress Work?
✅ Genuine belief in threat of death or serious harm
✅ No safe avenue of escape
✅ Threat is imminent or effectively present
✅ Directly causes the specific crime
✅ Reasonable person would have acted the same
❌ Not available for murder or voluntary association with criminals
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