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You are here: Homepage » Criminal Law » A Level » Duress

A Level Law (Criminal) Assignment 11 - Duress

Task

You will be set one of the following questions:

 

1. The essence of the defence of duress by threats is that a defendant would not have committed a crime but for the threats of another person.

Consider how and why the courts have limited the availability of this defence.

(June 2001)

or

2. The defences of duress, necessity and duress of circumstances all recognise that a person ought not always to be regarded as criminally liable if he or she feels compelled to act against their will.

Critically evaluate how and why the courts have limited the availability of these defences.

(June 1998)

or

3. Richard is an 18 year old student who lives with his domineering father, Steven, and his mother, Tilly, who is a diabetic. Steven has subjected Richard to regular and quite violent beatings for many years.

Steven has been involved in a long standing dispute with a neighbour, Vinnie. Steven orders Richard to lie in wait for Vinnie and stab him to death. Terrified of further beatings, Richard picks up what he believes to be a hunting knife. In fact, it is a dummy knife of the type used in film and television and, as Richard stabs Vinnie, the blade slips harmlessly into the handle and Vinnie escapes unharmed.

On hearing what Steve ordered Richard to do, Tilly becomes so distressed that her diabetes becomes unstable causing hyperglycaemia (a high blood sugar level). Whilst in this state she shoots Steven in the head with a shotgun as he, apparently, lies sleeping in bed. Medical evidence shows conclusively that before Tilly shot Steven, he had died from a heart attack.

 

Consider the criminal liability of Richard and Tilly.

(June 1997)

or

4. Evaluate the effectiveness of duress (including duress of circumstances) as a defence.

(June 1995)

or

5. Evaluate the effectiveness of duress as a defence.

(June 1994)

or

6. To what extent should duress and necessity be defences?

(Oxford Board, June 1992)

or

7. Alan, a spoilt child, is doted upon by his mother, Belle. One day Alan demands that his mother get him a computer, and threatens to leave home unless she does.

Belle, who has no money, goes to Colin's electronics shop, hoping either that Colin will grant her credit, or that she will be able to take a computer without Colin noticing. When Colin's back is turned she takes a box, labelled 'computer', from the shelves. However, its lightness tells her the box is empty, and she replaces it. She is about to take another when Colin sees her acting suspiciously. Belle breaks down and tells Colin the whole story.

 

Discuss the criminal liability, if any, of Belle.

How, if at all, would your answer be different, had Alan threatened, not to run away, but to kill his father?

(June 1991)

 

 

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