Criminal Law Defences - Duress

A lecture for law students studying criminal law in England and Wales. In particular there is a focus on the defence of duress.
Since the case of R v Hasan [2005] this is split into seven stages:
1)Threat of death/serious injury
2) Threat made against D/someone close to him
3) D’s response to the threat must be reasonable
4) The crime committed must be as a direct result of the threat
5) No evasive action possible (e.g. police)
6) Subjected to the threat involuntarily
7) Duress is unavailable for treason, murder and attempted murder.
We also look at a number of important cases in this area such as Quayle [2005], Howe [1987], Graham [1982], Bowen [1996], Abdul-Hussain [1999], Sharp [1987], Fitzpatrick [1977], Purdy (1946), Steane [1947], M'Growther (1746) and Jones (2005).

[@KaetoEYO]

Thank you so much! My university was off due to strikes and now corona virus so your videos are a godsend.

[@jasmeenbhangu1507]

You posted this a long time ago but this is a game changer for my criminal law exam this year! Thank you!

[@stephenreid3377]

Thank you Marcus for the interesting lecture. It highlighted some cases I hadn’t seen as well as some known. It’s opened my eyes and I’ll check out those cases.

[@zacwaterstone4541]

Your videos are so helpful! keep doing what your doing bro

[@jameshattam1707]

This was really helpful. Thanks Marcus!

[@shadowmaster8020]

Thanks for the video! Really useful in understanding duress!

[@mightymouse1534]

Hi Marcus,
Thanks for the Video, much appreciated! Keep them coming. Could you possibly do one on Murder/Manslaughter and one on Robbery. I find your videos very helpful and the approach and style in which you deliver your lectures a lot easier to grasp. Thank you!

[@marcuscleaver]

Definitely hope to try and cover those before your exam!

[@mightymouse1534]

+marcuscleaver Thank you Marcus!

[@DarylSkinner]

I don’t know law but I’m happy I’m watching this video

[@hassansyed1476]

I am really a fan of you Sir. Stay safe and blessed.

[@briannashea4445]

Gosh you're smart

[@DarylSkinner]

Brianna Shea I agree

[@evaensing]

Duress is the focus on my special study paper this year for my alevel law, do you have any advice?

[@marcuscleaver]

Maybe pick out one or two of the elements (e.g. gangs) find some interesting cases and make an argument. Good luck!

[@joehirst8162]

Thanks Marcus, in a problem question, even if the defendant has not joined a criminal gang or committed murder for example, should these steps still be included in the answer? Thanks

[@marcuscleaver]

+Joe Hirst no, only include the relevant defences you would go with if you were the defendant's lawyer.

[@natasastylianou7975]

What was held on the Steane case(treason) ?

[@dawhudullah1857]

Were can i find the ancient case please advise thank you.

[@dawhudullah1857]

Mcgrowther*

[@marcuscleaver]

The full citation is (1746) Foster C. L. 1346