ABSTRACT
The principles applying are identical in either case of duress. The principles were originally established in duress by threats cases and subsequently applied to duress of circumstances.
8.1.2 The seriousness of the threat The threats must be of death or serious personal injury (Hudson and Taylor [1971] 2 QB 202). A threat to damage or destroy property is insuffi cient (M’Growther (1746) Fost 13). In Lynch (1975), Lord Simon said: ‘The law must draw a line somewhere; and as a result of experience and human valuation, the law draws it between threats to property and threats to the person.’ Threats to expose a secret sexual orientation are insuffi cient (Singh [1974] 1 All ER 26; Valderrama-Vega [1985] Crim LR 220). In Baker and Wilkins [1996] EWCA Crim 1126; [1997] Crim LR 497, a duress of circumstances case, the Court of Appeal refused to accept an argument that the scope of the defence should be extended to cases where D believed the act was immediately necessary to avoid serious psychological injury as well as death or serious physical injury. Although there must be a threat of death or serious personal injury, it need not be the sole reason why D committed the offence with which he is charged. This was seen in Valderrama-Vega.
