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    Duress

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    AwgNaziroolFx
    Duress refers to pressure or threats of physical force that compel a person to act in a particular way. Under criminal law, acts carried out under duress generally have no legal effect. Duress can be a defense to criminal charges if the defendant's ability to resist was overcome by a threat of death or serious injury, although the defendant knew their actions were wrong. However, duress is not a valid defense for murder as a principal or aiding and abetting murder. Section 94 of the Penal Code relates to duress and provides criteria for when duress can be a defense, such as the act being compelled by an instant threat of death to the person.

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    Duress

    Uploaded by

    AwgNaziroolFx
    178 views2 pages
    Duress refers to pressure or threats of physical force that compel a person to act in a particular way. Under criminal law, acts carried out under duress generally have no legal effect. Duress can be a defense to criminal charges if the defendant's ability to resist was overcome by a threat of death or serious injury, although the defendant knew their actions were wrong. However, duress is not a valid defense for murder as a principal or aiding and abetting murder. Section 94 of the Penal Code relates to duress and provides criteria for when duress can be a defense, such as the act being compelled by an instant threat of death to the person.

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    Duress refers to pressure or threats of physical force that compel a person to act in a particular way. Under criminal law, acts carried out under duress generally have no legal effect. Duress can be a defense to criminal charges if the defendant's ability to resist was overcome by a threat of death or serious injury, although the defendant knew their actions were wrong. However, duress is not a valid defense for murder as a principal or aiding and abetting murder. Section 94 of the Penal Code relates to duress and provides criteria for when duress can be a defense, such as the act being compelled by an instant threat of death to the person.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    178 views2 pages

    Duress

    Uploaded by

    AwgNaziroolFx
    Duress refers to pressure or threats of physical force that compel a person to act in a particular way. Under criminal law, acts carried out under duress generally have no legal effect. Duress can be a defense to criminal charges if the defendant's ability to resist was overcome by a threat of death or serious injury, although the defendant knew their actions were wrong. However, duress is not a valid defense for murder as a principal or aiding and abetting murder. Section 94 of the Penal Code relates to duress and provides criteria for when duress can be a defense, such as the act being compelled by an instant threat of death to the person.

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    DURESS

    What is duress?
    y

    Pressure,especially actual or threatened physical force,put on person to act in particular way.

    What need to know about duress under criminal law?


    y

    Acts carried out under duress usually have no legal effect.

    Example : -A contract obtained by duress is voidable. -In criminal law,when the defendants power to resist ia destroyed by a threat of death or serious personal injury or by circumstances,he will have a defence to a criminal charge,although he has the mens rea for the crime and knows that what he is doing is wrong.

    Duress is not a defence to a charge of murder as a principal.

    Example : -to someone who actually carries out the murder himself.
    y

    Duress is not a defence to aiding and abetting murder.

    Example : -R v Howe [1987] AC 417 (HL) -The threat need not be immediate,it is sufficient that it is effective,for example a threat in court to kill a witness may constitute duress and thus be a defence to a charge of perjury,even though it cannot be carried out in the courtroom.However the defence is unavailable to someone who failed to take available alternative action the threat. Which penal code relate to duress?
    y

    Section 94 of Penal Code

    What is the relationship between duress and Section 94 of Penal code?


    y

    It must not be a murder and offences against the state punishable with death. There must be an element of compulsion for example the act done due to the threat. The threat of instant death and not mere threat. The instant death must be to that person.

    y y

    Literal Approach : refer to the accused person. Golden Approach : refer to any other person.
    y

    The accused person msut not place himself in a situation where he can be threatened.

    Example 1 : Cannot raise the defence because join them voluntarily or threat of being beaten. Example 2 : Can raise the defence because the threat of instant death.

    What is reasonable apprehension?

    It can be illustrated when a person feel threated when not doing anything being asked by a person that give command to him. What is relationship between rationale and duress? According to English law,the rationale of having duress as a defence that is the element of threat overcomes the mens rea of the offence.It may negate the state of blameworthiness of mind.

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