Affirmative defense

 Duress, self defense and insanity

 Duress: a person act as a result of a threat
 Ag v wheelin: for duress defense threat has to be significant
and it must be of immediate death and injury these are the
ingredients of duress.
 There two categories of duress; duress by threat and duress by
circumstances
 In duress of threat defendant is forced into comminting an
unlawful act because of threats imposed by wrongdoing
 Graham case: this act must be reasonable to a sober person
who would’ve done the same
 To avoid misuse of this defense in hasan’s case lord bingham
put limitations on this defense and the limitations were that
this defense can oly be used if there is threat of death and
serious injury
 Valderrama- vamma case : threat of exposing homo sexuality is
not accepted. It is not a defense for murder ; Howie case; it is
not acceptable for murder or attempt to murder and in treason
there is a case of length
 In herley v murray: the threat should be either to the claimant
himself or a family member.so it’s a objective test.
 There should be no evasive action that defendant could easily
taken; case of Gill:
 In the case of sharp it is stated that the duress is not available if
a person willingly or voluntarily put themselves in a situation
where there is risk of coercion.
 In Duress of circumstances defendant is forced or compelled to
commit a crime due to external circumstances. There is no
threat from the wrongdoer but defendant choses himself to
avoid external risk.
 It is usually used in dangerous driving case; willer case. If
defendant has a mistaken belief and the belief is reasonable
then the defense will be granted; case of Conway: the defense
was given
 Martin case ; defendant was disqualified from driving but he
was still driving.wife said that she would fdo sucide id he would
not pick his son and duress was given
 Pomell case .