Duress Defense - legalstudies-HSC-aiss

Duress
James and Rebecca
Duress
 Duress
is unlawful pressure that is applied by one
person to induce another person to do something
against their own free will.
 A defendant may be acquitted if they can show
they acted against their will under unlawful pressure
 Duress is a defense to all criminal offences except
for murder and treason.
Requirements for Duress
The threat being of death or serious injury to the defendant
or their family.
2.
The average person of ordinary firmness of mind, of a like
age and sex in the circumstances would have done the
acts.
3.
That the defendant acted the way they did due to the
threat which was still acting on their mind at the time of the
criminal act
4.
For such a threat to be effective it must be continuing and
be perceived to be continuing. Such a threat will therefore
not be continuing and effective if the accused had a
reasonable opportunity to render the threat ineffective.
A person may also raise duress defense when force or violence is
used to compel him to enter into a contract or to discharge.
1.
Burden of Proof
 Burden
of Proof for establishing duress is on
defendant.

Once burden is satisfied prosecution must prove
defendant acted voluntarily beyond any reasonable
doubt.
Tests for duress
 Subjective

The defendant’s power of resistance must
have been overborne by the threats made.
 Objective


An average person of ordinary firmness of
mind, of a like age and sex in the
circumstances would have done the acts
There was no reasonable way of avoiding
the threat
Cases - precedent
 Lawrence
v R [1980] 1 NSWLR 122]
 Barton v. Armstrong [1976] AC 104
 R v Singh 1973 1 AER 122
Download
Related flashcards

Virtue

30 cards

Pacifism

20 cards

Punishments

15 cards

Libertarianism

15 cards

Mozilla

42 cards

Create Flashcards